×
You have no more free articles available this month. Subscribe today.
ADA Upheld by Fifth Circuit
The ADA is a permissible exercise of Congress' authority under the Fourteenth Amendment to override the Eleventh Amendment. Under City of Boerne, the court must assess whether there is "congruence and proportionality" between the injury to be remedied and the means adopted. That standard is met here given the record in Congress. The court should defer to Congress on such questions, especially in dealing with disabled people, since the Supreme Court in Cleburne said that Congress was the "ideal governmental branch" to address their legal treatment. (The City of Boerne inquiry is not an Eleventh Amendment question; it is a question about the constitutionality of the statute as applied to any non-federal instrumentality. However, the court treats it as part of the Seminole Tribe inquiry, one prong of which is whether Congress acted "pursuant to a valid exercise of power.") See: Coolbaugh v. State of Louisiana, 136 F.3d 430 (5th Cir. 1998).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Coolbaugh v. State of Louisiana
| Year | 1998 |
|---|---|
| Cite | 136 F.3d 430 (5th Cir. 1998) |
| Level | Court of Appeals |
| Injunction Status | N/A |