Thursday, November 10, 2005

Althouse on Goodman

Prolific lawblogger Ann Althouse has this post about yesterday's Goodman argument. Her take:

This looks like a rather easy case, though Greenhouse portrays it as a big test of where the Roberts Court will go on federalism cases. It's very much like Tennessee v. Lane, the recent ADA case about access to courtrooms. Congress is beefing up remedies for existing rights, permitting lawsuits for damages. The reference to the "prophylactic gap" -- which must mystify laypersons -- is about proscribing behavior that the constitutional alone would permit. To some extent, defining additional violations is not really the creation of new rights, but is genuinely remedial of existing rights. . . . . Complicated, but it looks as though the prisoner will win.


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