Ahhhh......I am somewhat familiar.  I was at Jenner & Block at the time.  I was made aware because I was involved in an ADA case (plaintiff's side) suing, among others, the Indiana DOT.   I will read the opinoin tonight.  peace   Justin Schwartz <jkschw@hotmail.com> wrote: <BLOCKQUOTE style="PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: #1010ff 2px solid"> > > > I am not an expert, but isn't Kimel about the scope of Congress's power? Sure, that's what an 11th A challenge raises, the question of whether Congress has the power to abrogate state sovereign immunity. >From which state immunity followed. Now, I am all aboard if we are taling >about the Court's Section 5 14th Amendment jurisprudence. That is what I >thought ultimately determined the outcome in Kimel. Again I am not an >expert Justin, so this is not a gotcha kind of question. Alas, I am; I wrote a little thing on this for Martha at the time that GArrett was in the works thats hould be in the archives. An opinion i worked very hard on for Judge Cummings was reversed by Kimel, so I feel personally bitter about this. Or you can look up the reversed opinion: Wichmann v. Southern Illinois University, I w! as! right and the Court was wrong. Unfortunately they're the Court,. and my opinion draft (as modified) was only issued by the 7C (per curiam). jks _________________________________________________________________ Join the world’s largest e-mail service with MSN Hotmail. http://www.hotmail.com </BLOCKQUOTE> <hr size=1>Do You Yahoo!? <a href="http://rd.yahoo.com/welcome/*http://fifaworldcup.yahoo.com/fc/en/spl">Sign-up for Video Highlights</a> of 2002 FIFA World Cup