Monday, May 16, 2005

Supreme Court Grants Cert in ADA Title II Case

In today's orders list, the Supreme Court granted cert. in United States v. Georgia, No. 04-1203, and Goodman v. Georgia, No. 04-1236, consolidated petitions that challenge the Eleventh Circuit's ruling that Title II of the ADA, as applied to the state prison context, is not proper Section 5 legislation. The Court took no action on Columbia River Corr. Inst. v. Phiffer, No. 04-947, a petition out of the Ninth Circuit raising similar issues. The Court is likely holding Phiffer for its resolution of Goodman. (Disclosure: I'm one of the counsel in these cases.)


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