Wednesday, August 24, 2005

Specter to Ask Roberts About ADA Decisions

See this letter Specter wrote to Roberts. For what it's worth, unlike Senator Specter I think there are clear legal distinctions between Garrett and Lane that explain why Lane was right even if Garrett was right as well. I think Garrett was wrong, but Specter's also wrong to say the cases are "virtually indistinguishable." The case for upholding Title II of the ADA, particularly in contexts like access-to-courts (at issue in Lane) or institutionalized or incarcerated persons (currently before the Court in Goodman) is much, much stronger constitutionally than the case for upholding Title I of the ADA, which applies only to public employment and was at issue in Garrett.


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