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Date: | Tue, 8 Nov 2005 11:47:04 -0800 |
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http://www.ncd.gov/newsroom/publications/2005/goodman.htm
On November 9, 2005, the United States Supreme Court will hear oral
arguments in Goodman v. Georgia, No. 04-1236. The Goodman case will
determine whether Congress acted within its power under the Fourteenth
Amendment to apply Title II of the Americans with Disabilities Act
(ADA) to state prisons, jails, and other correctional facilities. This
paper provides an overview of how the Goodman case fits into the
larger context of federalism challenges to Congress's power to enact
various parts of the ADA as well as other civil rights laws. It then
examines the Goodman case in detail and concludes that Congress had
ample authority to apply Title II to correctional facilities. Congress
acted based on a long history of unconstitutional treatment of inmates
with disabilities, including myriad forms of cruel and unusual
punishment. In light of this disturbing record and the limited
remedies that Congress put in place in Title II of the ADA, Title II's
requirements are an appropriate way to remedy and prevent further
unconstitutional treatment in this context.
People Who experience mood swings, fear,
voices and visions: each other on the internet
www.peoplewho.org
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