ADA suits against states struck down- what's next?

[Justin Schwartz]

On reflection, I think you and Nathan are right. I was being too 
formalistic. The 11A doesn't block the state court suits, but the sovereign 
immunity the 11A protects does, and now the Supremes say that Congress lacks 
the power to abrogate it. --jks


>From: Marta Russell <ap888 at lafn.org>
>Reply-To: lbo-talk at lists.panix.com
>To: lbo-talk at lists.panix.com
>Subject: Re: ADA suits against states struck down- what's next?
>Date: Mon, 26 Feb 2001 14:53:35 -0800
>
>State disability laws can be used in state court.  So many
>disabled activists are now clamoring to pass more stringent state
>law, but of course, the reason we needed the ADA was to make the
>states do something in the first place.  Now we are almost back
>to square one -- with the exception of a few states like
>California whose state law is stronger than the ADA.
>marta
>
>Justin Schwartz wrote:
> >
> > No. The 11th amendment stuff just blocks lawsuits IN FEDERAL COURT. It's 
>a
> > jurisdictional issue, and the 11th amendment doesn't speak to the
> > jurisdiction of the state courts. So the states can be sued under the 
>ADA
> > FOR DAMAGES in state court. --jks
> >
> > >
> > >It's legally fucked up but the ADA holds both unions and states liable, 
>but
> > >only the union can be sued.  As you note, this may become a lovely 
>point of
> > >leverage by state governments in a whole range of anti-discrimination 
>areas
> > >where unions share joint liability and now all legal vulnerability.
> > >
> > >-- Nathan Newman
> > >
> >

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