Monday, June 20, 2005

While I Was Away, Part II: GVR in Klingler

The other significant piece of disability law news is that the Supreme Court, in last Monday's orders list, granted cert. in Klingler v. Director, Department of Revenue, and summarily vacated and remanded the Eighth Circuit's decision for further consideration in light of Tennessee v. Lane and Gonzales v. Raich (the medical-marijuana case). Klingler is a challenge, under Title II of the ADA, to the $2.00 annual fee Missouri charges for the use of removable handicapped parking placards. The Eighth Circuit previously held that Congress lacked power under either the Commerce Clause or Section 5 of the Fourteenth Amendment to apply Title II in this context, and the Eighth Circuit will now have to reconsider those holdings. Kevin Russell has more here on SCOTUSBlog.


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