Thursday, August 18, 2005

Eighth Circuit Denies Rehearing En Banc in Bill M.

I said it cried out for en banc review, and I even put my money (or at least my time) where my mouth was by helping the plaintiffs with their en banc petition. But the Eighth Circuit just denied rehearing en banc in Bill M. v. Nebraska Dep't of Health and Human Services, which held that Title II of the ADA is valid legislation to enforce the Fourteenth Amendment only in the specific context of access to courts that the Supreme Court addressed in Tennessee v. Lane. Judges Murphy, Bye, and Melloy voted to grant rehearing en banc.


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