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Thu, 22 Feb 2001 13:09:28 -0500
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Actually the Court seems to be actively seeking to limit Congressional
law making, changing the Federal-State balances of power.  Looks like
another Dred Scott era for the disenfranchised.  In the reports I heard
the Court alleged Congress constructed the ADA on insufficient evidence
that the States were violating the rights of people with disabilities to
warrant assertion of federal sovereignty.

Apparently the Rollback Five are no more capable of seeing and hearing
PWDs than other TABs.  They appear more ideological than just.  I
assumed reasonable people tempered justice with mercy.

A sinking stock market, stagflation and recession looming, and a
stinking SC decision.

I hurt.

Thanks Kyle.  I was trying not to think about the matter. :-)

ISM



>From: "Cleveland, Kyle E." <[log in to unmask]>
>To: C-PALSY
>Subject: Dark Days Ahead for Some of Us
>Date: Thu, 22 Feb 2001 08:27:29 -0500

>On the way into work this morning I heard a news story on National
Public
>Radio (NPR) that the U.S. Supreme Court voted 5-4, yesterday, to
disallow
>individuals the right to sue states in Federal Court for discrimination
>under the Americans With Diisabilities Act.  T  I don't yet know the
>specifics of the ruling, but in effect the court is saying that if you
have
>a complaint against a state government with respect to the ADA, you
have no
>redress under Federal Law.  This is in direct opposition to the 11th
>Amendment of the Constitution which guves specific redress for
individuals
>disciminated against by states who try to supercede Federal law.
>
>I'll post more details as I get them.  As a political conservative, I
am
>deeply ashamed of this decision.  It makes a mockery of all persons
with
>disabilities under the law, and snubs conservative ADA supporters, such
as
>former Senator Bob Dole (disabled).
>
>The only consolation is a 1973 Federal statute that mandates that any
>organization (states included) that receives federal funds cannot
>discriminate against the "handicapped" without risk of losing those
funds.
>
>Bottom line:  It would appear that this court is trying, actively, to
pull
>the teeth from the ADA.

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