Appellate Section
CONSTITUTIONALITY OF FEDERAL STATUTES
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Day v. Minnesota (8th Cir) -- Intervenor
- The Division intervened in this appeal in order to defend the constitutionality of the ADA provision abrogating states’ Eleventh Amendment immunity for claims brought pursuant to Title II
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Chase v. Baskerville (4th Cir) -- Appellee
- Congress acted appropriately when it enacted Title II and its abrogation provision (as applied in the prison context), as well as Section 504 and the statutory provisions that condition the receipt of federal funds on a State’s waiver of its Eleventh Amendment immunity
- The court should not reach the question of Title II’s constitutionality because Section 504 provides an essentially identical remedy to the plaintiff, and the Fourth Circuit has already held that state agencies have no immunity to Section 504 claims
- The State waived its Eleventh Amendment immunity to Section 504 claims when it accepted federal financial assistance
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McIntosh v. Partridge (5th Cir) -- Intervenor
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Congress did not grant federal courts jurisdiction to hear private USERRA claims against state employers
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Congress has the authority pursuant to its war powers to subject state employers to private USERRA claims
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Goodman v. Donald (S.D. Ga.) -- Intervenor
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This court should avoid deciding the constitutionality of Title II of the ADA
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Congress validly abrogated States’ Eleventh Amendment immunity to claims under
Title II of the ADA
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Miller v. Johnson (E.D. Va.) -- Intervenor
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Congress validly abrogated States’ Eleventh Amendment immunity to claims under Title II of the ADA
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United States & Spencer v. Earley (4th Cir) -- Intervenor-Appellant
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The district court erred in reaching the question of Title II’s constitutionality
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The district court erred in dismissing Spencer’s claims on the basis of
Eleventh Amendment immunity
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This court should avoid deciding a new constitutional question
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Should this court reach the question, it should hold that Congress validly abrogated States’ Eleventh Amendment immunity to claims under Title
II of the ADA, as applied in the prison context
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Haas v. Quest Recovery Services (6th Cir) -- Intervenor
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In light of this Court’s holding that plaintiffs have not stated valid Title II claims against the State, this Court’s subsequent conclusion that the State is immune to plaintiffs’ Title II claims is in contravention of the Supreme Court’s instructions in Georgia and should not be reinstated
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Large v. Fremont County (D. Wy.) -- Intervenor
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The Supreme Court has previously rejected a similar constitutional challenge to Section 2 of the Voting Rights Act
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Congress has broad powers to enact prophylactic and remedial legislation prohibiting some constitutional conduct when the legislation is congruent and proportional to the constitutional injury to be prevented or remedied
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Section 2 is a valid exercise of Congress’s constitutional authority to enforce the Fourteenth and Fifteenth Amendments
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Courts of appeals have rejected similar constitutional challenges to Section 2 of the Voting Rights Act
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Chase v. Baskerville (E.D. Va.) -- Intervenor
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This court should not reach the validity of Title II's abrogation
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Title II of the Americans with Disabilities Act is valid Section 5 legislation as applied to prison administration
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As the Fourth Circuit has held, state agencies validly waive their Eleventh Amendment immunity to claims under Section 504 when they accept federal financial assistance
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Buchanan v. Maine (1st Cir.) -- Intervenor
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This court should not reach the constitutionality of Title II unless necessary
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Title II is valid Fourteenth Amendment legislation as applied in the context of the provision of mental health services
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Westchester Day School v. Village of Mamaroneck (2d Cir.) -- Intervenor & Amicus
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The district court correctly upheld the constitutionality of RLUIPA
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The district court properly concluded that defendants substantially burdened plaintiff’s religious exercise, and failed to demonstrate that the substantial burden was imposed to further a compelling governmental interest in the least restrictive manner
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Disability Rights Council v. WMATA (D.D.C.) -- Intervenor
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This court should not reach this issue
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Title II is valid Fourteenth Amendment legislation as applied to the context of public transportation
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Prye v. Blunt (W.D. Mo.) -- Intervenor
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This court should not reach the constitutionality of Title II unless necessary
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Title II of the Americans with Disabilities Act is valid Section 5 legislation as applied to voting
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Jones v. Gale (8th Cir.) -- Amicus
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This court has held that private plaintiffs may enforce the requirements of Title II of the ADA through Ex Parte Young suits
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Spencer v. Earley (E.D. Va.) -- Intervenor
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Title II of the Americans with Disabilities Act is valid Section 5 legislation as applied to prison administration
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As the Fourth Circuit has held, state agencies validly waive their Eleventh Amendment immunity to claims under Section 504 when they accept federal financial assistance
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Randolph v. Texas Rehabilitation Commission (5th Cir.) -- Intervenor
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This en banc court has held that a state agency waives its Eleventh Amendment
immunity to claims under Section 504 of the Rehabilitation Act when it accepts
federal financial assistance
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Klingler v. Department of Revenue (8th Cir.) -- Intervenor
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The constitutionality of Title II and its regulations is no longer
at issue in this case
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Toledo v. Sanchez-Rivera (1st Cir.) -- Intervenor
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Under the analysis of Tennessee v. Lane, Title II is valid Fourteenth Amendment
legislation as applied in the context of public education
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Roe v. Johnson (2d Cir.) -- Intervenor
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This Court should not rule on the constitutionality of Title II without first
considering alternative grounds for affirming or reversing
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Under the analysis of Tennessee v. Lane, Title II is valid Fourteenth Amendment
legislation as applied in the context of public licensing programs
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Constantine v. Rectors & Visitors of George Mason University (
4th Cir.) -- Intervenor
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This court should decide first whether plaintiff stated a claim prior to
entertaining the university's constitutional challenges
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Congress validly conditioned federal funding on a waiver of Eleventh Amendment
immunity for private claims under Section 504 of the Rehabilitation Act of 1973
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Under the analysis of Tennessee v. Lane, Title II is valid Fourteenth Amendment
legislation as applied in the context of public education
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The ADA retaliation provision is also valid Fourteenth Amendment legislation
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The Eleventh Amendment is no bar to private suits against state officials in
their official capacities to enjoin future violations of Title II and Section 504
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Bill M. v. Nebraska Department of Health & Human Services
(8th Cir.) -- Intervenor
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The district court properly declined to rule on the State's Eleventh Amendment
challenge at this stage in the proceedings
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Congress validly abrogated the State's Eleventh Amendment immunity to claims
under Title II of the ADA in the institutionalization context
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The panel incorrectly concluded that this court's 1999 holding in Alsbrook v.
City of Maumelle controls the outcome of this case
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Guttman v. Khalsa (10th Cir.) -- Intervenor
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Under the analysis of Tennessee v. Lane, Title II is valid Fourteenth Amendment
legislation as applied in the context of public licensing programs
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Cochran v. New Jersey Department of Corrections (3d Cir.) --
Intervenor
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Title II of the ADA is valid Fourteenth Amendment legislation as applied to
the class of cases implicating prisoners' rights
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Muhammed v. Ohio Department of Rehabilitation and Correction
(6th Cir.) -- Intervenor-Appellee
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Title VII's prohibition of religious discrimination, including its
accommodation requirement, is valid Section 5 legislation
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Miller v. King (11th Cir.) -- Intervenor
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This panel should delay consideration of the State's Eleventh Amendment
challenge to Title II pending resolution of the same challenge by the Supreme
Court in Tennessee v. Lane and by other panels of this Court already considering
the same issue
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The Eleventh Amendment is no bar to private suits against state officials in
their official capacities to enjoin future violations of Title II of the
Disabilities Act
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Title II of the ADA is valid Fourteenth Amendment legislation as applied to
the class of cases implicating prisoners' rights
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Midrash Sephardi, Inc. v. Town of Surfside (11th Cir.) -- Intervenor
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The RLUIPA sections at issue are a valid exercise of Congress's authority under
Section 5 of the Fourteenth Amendment and under the Commerce Clause
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RLUIPA Sections 2(b)(1), 2(b)(3)(B), and 2(a)(1) as made applicable by
Section 2(a)(2)(c) are within Congress's Section 5 powers because they codify
established constitutional principles
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Section 2(a)(1), as applied through Section 2(a)(2)(b), is a valid exercise of
Congress's Commerce Clause authority
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The RLUIPA provisions at issue are consistent with the Establishment Clause
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RLUIPA does not violate the Tenth Amendment
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Barbour v. WMATA (D.C. Cir.) -- Intervenor
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Congress validly conditioned receipt of federal funds on a waiver of Eleventh
Amendment immunity for private claims under Section 504 of the Rehabilitation Act
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McCarthy v. Hale (5th Cir.) -- Intervenor
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Suits under Title II may be brought against state officials in their official
capacities for prospective relief
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The constitutionality of Title II and Section 504 affects the merits of
plaintiffs' claims, not the Court's jurisdiction under Ex Parte Young to
adjudicate the claims
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Title II is valid Fourteenth Amendment legislation
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Title II is valid Commerce Clause legislation
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Title II does not violate the Tenth Amendment
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Section 504 is valid Spending Clause legislation
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S.C. v. Deptford Board of Education (3d Cir.) -- Intervenor
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Congress validly conditioned IDEA funds on a waiver of Eleventh Amendment
immunity for private claims under the IDEA
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Nieves-Marquez v. Puerto Rico (1st Cir.) -- Intervenor
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Plaintiffs' claims under Title II of the ADA and Section 504 are not barred by
the Eleventh Amendment
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Goodman v. Ray (11th Cir.) -- Intervenor
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Because it combats an enduring problem of unconstitutional mistreatment and
discrimination against individuals with disabilities, Title II of the Americans
With Disabilities Act is valid Section 5 legislation
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Title II of the ADA is valid Fourteenth Amendment legislation as applied to
the class of cases implicating prisoners' rights
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Espinoza v. Texas Department of Public Safety (5th Cir.) -- Intervenor
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Congress clearly conditioned receipt of federal financial assistance on a
state agency's knowing and voluntary waiver of sovereign immunity to private
actions under Section 504
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Section 504 is valid Spending Clause legislation
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The Department's waiver of sovereign immunity was effective
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Meyers v. Texas (5th Cir.) -- Intervenor
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Suits under Title II may be brought against state officials in their official
capacities for prospective relief
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This Court need not, and should not, consider the State's challenges to the
validity of the surcharge regulation in this appeal
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The surcharge regulation does not exceed the scope of the Attorney General's
delegated regulatory authority
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Title II is valid Fourteenth Amendment legislation
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Title II is valid Commerce Clause legislation as applied to this case
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Title II does not violate the Tenth Amendment
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Lieberman v. Delaware (3d Cir.) -- Intervenor
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Congress validly conditioned a State's receipt of federal funding on a waiver
of Eleventh Amendment immunity for private claims under Section 504
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Pugliese v. Dillenberg (9th Cir.) -- Intervenor
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Congress validly conditioned the receipt of federal financial assistance on
the waiver of Eleventh Amendment immunity to private claims under Section 504
of the Rehabilitation Act of 1973
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The State was not unconstitutionally coerced into waiving its sovereign immunity
to Section 504 claims
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Thomas v. University of Houston (5th Cir.) -- Intervenor
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Congress clearly conditioned receipt of federal funds on a waiver of Eleventh
Amendment immunity for private claims under Section 504 of the Rehabilitation
Act of 1973
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Section 504 is valid Spending Clause legislation
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The University's waiver of sovereign immunity was effective
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Gross Seed Co. v. Nebraska Dep't of Roads & United States
(8th Cir.) -- Appellees
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The district court correctly determined that the federal DBE program is
facially constitutional
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The district court correctly determined that the federal DBE program is
constitutional as applied
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Danny R. v. Spring Branch Independent School District (5th Cir.)
-- Intervenor
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Congress clearly conditioned receipt of federal funds on a waiver of Eleventh
Amendment immunity for private claims under Section 504 of the Rehabilitation
Act of 1973
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Section 504 is valid Spending Clause legislation
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The TEA's authority to solicit and accept federal funds conditioned on a waiver
of sovereign immunity is sufficient, as a matter of federal law, to support a
waiver of immunity through acceptance of federal funds
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Radaszewski v. Garner (8th Cir.) -- Amicus
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Eleventh Amendment is no nar to rivate suits
against state officials to enjoin future violations of federal law
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Congress did not display any intent to foreclose
jurisdiction under Ex parte Young for suits under Title II And Section 504
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George Lane and Beverly Jones v. State of Tennessee (6th Cir.)
-- Intervenor
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Under this Court’s holding in Popovich, there is a Due Process basis for
applying Title II of the ADA to claims of denial of access to the courts by
individuals with disabilities
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Shepard & United States v. Irving (4th Cir.) -- Intervenor
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Congress validly conditioned federal funding on a waiver of Eleventh Amendment
immunity for private claims under Section 504 of the Rehabilitation Act of 1973
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Endres v. Indiana State Police Department & Holmes v. Marion County
(7th Cir.) -- Intervenor
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Whether, in extending the reach of Title VII to cover state employers, Congress
validly abrogated States’ Eleventh Amendment immunity to suits for damages by
private parties
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Miranda B., et al. v. John Kitzhabeer, Governor of the State of Oregon,
etc. (9th Cir.) -- Intervenor
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Defendants' arguments about the validity of the Federal Statutory provisions
regarding regarding their Eleventh Amendment immunity from suit under Title II
and Section 504 are foreclosed by binding circuit precedent
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Suits under Title II and Section 504 may be brought against state officials
in their official capacities for prospetive relief
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Sherbrooke Turf, Inc. v. Minnesota Department of Transportation, et al.
and United States, et al. (8th Cir.) -- Appellee
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Sherbrooke has standing to challenge the DBE program
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District court correctly concluded that recipients of TEA-21 financial
assistance need not independemtly satisfy satisfy strict scrutiny
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District court correctly determined that the federal DBE program is facially
constitutional
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Johnson v. Louisisana Dep't of Educ.& August v. Mitchell
(5th Cir.) -- Intervenor
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Congress conditioned receipt of federal funds on a waiver of Eleventh Amendment
immunity for private claims under Section 504 of the Rehabilitation Act of 1973
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Section 504 may be enforced against state officials in their official capacities
for prospective relief even if congress did not validly condition the receipt
of federal financial assistance on a waiver of immunity
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A.W. v. Jersey City Public Schools (3d Cir.) -- Intervenor
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Congress validly conditioned receipt of federal funds on waiver of Eleventh
Amendment immunity to Section 504 and IDEA suits
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M.A. & United States v. State-Operated School District of the City of
Newark and New Jersey Department of Education, etc. (3d Cir.) --
Intervenor/Appellee
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Congress validly conditioned receipt of federal funds on waiver of Eleventh
Amendment immunity to Section 504 suits
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Doe v. State of Nebraska (8th Cir.) -- Intervenor
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Congress validly conditioned receipt of federal funds on waiver of Eleventh
Amendment immunity to Section 504 suits
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Bowers v. NCAA (3d Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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Congress validly conditioned receipt of federal funds on waiver of Eleventh Amendment immunity
to Section 504 suits
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This court should not reach the constitutionality of Title II unless necessary
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Title II is valid Fourteenth Amendment legislation as applied in the context of public education
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Bruggeman v. Blagojevich (formerly Boudreau v. Ryan) (7th Cir.) --
Amicus/Intervenor
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Title II of the ADA may be enforced against state officials for prospective relief
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Congress validly conditioned receipt of federal funds on a waiver of Eleventh
Amendment immunity for private claims under section 504 of the Rehabilitation
Act of 1973
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Biggs v. Board of Education of Cecile County, Maryland
(4th Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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Congress validly conditioned receipt of federal funds on waiver of Eleventh
Amendment immunity to Section 504 suits
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Miller v. Texas Tech University (5th Cir.) -- Intervenor
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Congress validly conditioned receipt of federal funds on waiver of Eleventh
Amendment immunity to Section 504 suits
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Assoc. of Disabled Americans v. Florida International Univeristy
(11th Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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As applied to discrimination in education, Title II is congruent and proportional
to the constitutional rights at issue and the history of discrimination
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Wilkes v. Wyoming Dep't of Employment (10th Cir.) -- Intervenor
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No Eleventh Amendment immunity to Title VII actions charging illegal
discrimination on the basis of sex
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Wilson v. Pennsylvania State Police Dep't (3d Cir.) -- Intervenor
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Congress validly conditioned receipt of federal funds on waiver of Eleventh
Amendment immunity to Section 504 suits
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Title I of the ADA may be enforced against state officials for prospective relief
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Vadie v. Miss. State Univ. (5th Cir.) -- Intervenor
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University is precluded from asserting an Eleventh Amendment immunity defense
by law of the case
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No Eleventh Amendment immunity to Title VII actions charging illegal retaliation
for making Title VII complaint
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Project Life v. Glendening (4th Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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Kiman v. New Hampshire Dep't of Corrections (1st Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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Wessel v. Glendening (4th Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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Title II of the ADA may be enforced by injunction against state officials
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Badillo-Santiago v. Andreau-Garcia (1st Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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Johnson v. Hamrick (11th Cir.) -- Intervenor
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Section 2 of the Voting Rights Act is valid legislation to enforce the
Fourteenth and Fifteenth Amendments
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Defendants' challenge to the constitutionality of Section 2 of the Voting
Rights Act is barred by law of the case
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Patrick W. v. Anderson (9th Cir.) -- Intervenor
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No Eleventh Amendment immunity to Section 504 actions
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Section 504 may be enforced by injunction against state officials
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Pace v. Bogalusa City Sch. Bd. (5th Cir.) -- Amicus
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Failure to establish a violation of the IDEA does not necessarily preclude
a plaintiff's related claims under the ADA and Section 504
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Whether a state agency’s application for and acceptance of federal
financial assistance constituted an effective waiver of its sovereign immunity to
suits under Section 504 of the Rehabilitation Act of 1973.
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Whether a state agency’s application for and acceptance of funds under
the Individuals with Disabilities Education Act (IDEA) constituted an effective
waiver of its sovereign immunity to suits under that statute.
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Conditioning federal funds on a knowing and voluntary waiver of a State's
Eleventh Amendment immunity is a valid exercise of Congress's Spending Clause
authority
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As applied to discrimination in education, Title II is congruent and
proportional to the constitutional rights at issue and the history of discrimination
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Nanda v. Univ. of Illinois (7th Cir.) -- Intervenor
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No Eleventh Amendment immunity to Title VII actions
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Chisolm v. McManimon (3d Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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Section 504 of the Rehabilitation Act is valid legislation under the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to ADA Title II and Section 504 actions
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Thomas v. Nakatani (9th Cir.) -- Intervenor
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No Eleventh Amendment immunity to ADA Title II actions
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Title II of the ADA may be enforce by injunction against state officials
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Koslow v. Pennsylvania (3d Cir.) -- Intervenor
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No Eleventh Amendment immunity to Section 504 actions
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Title I of the ADA may be enforced by injunction against state officials
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Garrett v. University of Alabama (11th Cir.) -- Intervenor
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No Eleventh Amendment immunity to Section 504 actions
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Simmons v. Texas Dept. of Criminal Justice (5th Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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No Eleventh Amendment immunity to ADA Title II actions
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Lovell v. Chandler (9th Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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Section 504 of the Rehabilitation Act is valid legislation under the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to ADA Title II and Section 504 actions
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Vinson v. Thomas (9th Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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Section 504 of the Rehabilitation Act is valid legislation under the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to ADA Title II and Section 504 actions
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Popovich v. Cuyahoga County Court of Common Pleas (6th Cir.) --
Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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No Eleventh Amendment immunity to ADA Title II actions
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Root v. Georgia State Bd. of Veterinary Medicine (11th Cir.) --
Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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No Eleventh Amendment immunity to ADA Title II actions
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McAleese v. Pennsylvania Dep't of Corrections (3d Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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Section 504 of the Rehabilitation Act is valid legislation under the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to ADA Title II and Section 504 actions
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Title II and Section 504 may be enforced against statute officials through
injunctive relief even if Congress did not validly remove States' sovereign immunity
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Garcia v. S.U.N.Y. Health Sciences Center (2d Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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Section 504 of the Rehabilitation Act is valid legislation under the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to ADA Title II and Section 504 actions
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Robinson v. Kansas (10th Cir.) -- Intervenor
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Title VI of the Civil Rights Act of 1964 is valid exercise of the Spending
Clause and the Fourteenth Amendment
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Section 504 of the Rehabilitation Act is valid exercise of the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to Title VI and Section 504 actions
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Lunnie v. University of Arkansas (8th Cir.) -- Intervenor
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Title VII's prohibitions on race discrimination and retaliation are valid
exercises of Congress' power to enforce the Fourteenth Amendment
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No Eleventh Amendment immunity to Title VII actions
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Okruhlik v. University of Arkansas (8th Cir.) -- Intervenor
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Title VII's prohibitions on sex discrimination and retaliation are valid
exercises of Congress' power to enforce the Fourteenth Amendment
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No Eleventh Amendment immunity to Title VII actions
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Asbury v. Missouri Department of Elementary and Secondary Education
(8th Cir.) -- Intervenor
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Individuals with Disabilities Education Act is valid exercise of the Spending Clause
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Section 504 of the Rehabilitation Act is valid exercise of the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to IDEA and Section 504 actions
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Siler-Khodr v. University of Texas Health Science Center
(5th Cir.) -- Intervenor
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Equal Pay Act is valid exercise of Congress' power to enforce the Fourteenth
Amendment
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No Eleventh Amendment immunity to Equal Pay Act actions
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Roary v. Freeman (4th Cir.) -- Intervenor
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Section 504 of the Rehabilitation Act is valid exercise of the Spending Clause
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No Eleventh Amendment immunity to Section 504 actions
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Thompson v. Colorado (10th Cir.) -- Intervenor
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May enforce Title II against state officials in their official capacities
(Ex parte Young)
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Title II of ADA is valid exercise of the power to enforce the Fourteenth Amendment
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No Eleventh Amendment immunity to Title II actions
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Pawlowski v. Regents of the University of Colorado (10th Cir.)
-- Intervenor
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Equal Pay Act is valid exercise of Congress' power to enforce the Fourteenth
Amendment
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No Eleventh Amendment immunity to Equal Pay Act actions
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Cisneros v. Wilson (10th Cir.) -- Intervenor
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Title I of ADA is valid exercise of the power to enforce the Fourteenth Amendment
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May enforce Title I against state officials in their official capacities
(Ex parte Young)
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Downing v. Board of Trustees of Univ.
of Alabama (11th Cir.) -- Intervenor
-
Title VII's prohibitions on same-sex sexual harassment and retaliation
are valid exercises of Congress' power to enforce the Fourteenth Amendment
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No Eleventh Amendment immunity to Title VII actions
-
Groome Resources, Ltd. v.
Parish of Jefferson (5th Cir.) -- Intervenor
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Fair Housing Act is a valid exercise of the Commerce Clause and the Fourteenth
Amendment
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Tenth Amendment no bar to application of Fair Housing Act to county
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Act is not unconstitutionally vague
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Hundertmark v. Watts (11th Cir.) -- Intervenor
-
Equal Pay Act is valid exercise of Congress' power to enforce the Fourteenth
Amendment
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No Eleventh Amendment immunity to Equal Pay Act actions
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Amos v. Maryland Department of Public Safety and Correctional Services
(4th Cir.) -- Intervenor
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Title II of ADA is valid exercise of the power to enforce the Fourteenth Amendment
-
Section 504 of the Rehabilitation Act is valid exercise of the Spending
Clause and the Fourteenth Amendment
-
No Eleventh Amendment immunity to Title II and Section 504 actions
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Walker v. Snyder (7th Cir.) -- Intervenor
-
Suits against state officials in their individual capacities not barred by t
he Eleventh Amendment
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May enforce Title II against state officials in their official capacities
(Ex parte Young)
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Title II of ADA is valid exercise of the power to enforce the Fourteenth Amendment
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No Eleventh Amendment immunity to Title II actions
-
Ruiz v. Johnson (5th Cir.) -- Appellee/cross-appellant
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Termination provisions of the Prison Litigation Reform Act do not violate
separation of powers or due process
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Pomeroy v. Western Michigan University (6th Cir.) -- Intervenor
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Title I of ADA is valid exercise of the power to enforce the Fourteenth Amendment
-
Section 504 of the Rehabilitation Act is valid exercise of the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to Title I and Section 504 actions
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United States v. Gregg (3d Cir.) -- Appellant/cross-appellee
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Defendants are individually, not jointly and severally, liable under the
Freedom of Access to Clinic Entrances Act for statutory damages of $5,000 per
violation
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FACE is a valid exercise of the Commerce Clause
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FACE does not violate the First Amendment
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FACE is not vague or overbroad
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Johnson v. Tennessee Technical Center at Memphis (6th Cir.) --
Intervenor
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Title II of ADA is valid exercise of the power to enforce the Fourteenth Amendment
-
Section 504 of the Rehabilitation Act is valid exercise of the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to Title II and Section 504 actions
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Denying accessibility to courthouses and colleges implicates constitutional rights
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Sandoval v. Hagan (11th Cir.) -- Intervenor/Amicus
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Title VI is valid exercise of the Spending Clause and the Fourteenth Amendment
-
No Eleventh Amendment immunity to Title VI actions
-
May enforce Title VI against state officials in their official capacities
(Ex parte Young)
-
Private right of action to enforce Title VI discriminatory effects standard
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English-only laws' discriminatory effect on the basis of national origin
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Beasley v. Alabama State University (11th Cir.) -- Intervenor
-
Title IX, Education Amendments of 1972, is valid exercise of the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to Title IX actions
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Larry v. Board of Trustees (11th Cir.) -- Intervenor
-
Equal Pay Act is valid exercise of Congress' power to enforce the Fourteenth
Amendment
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No Eleventh Amendment immunity to Equal Pay Act actions
-
Onishea v. Hopper (11th Cir.) -- Intervenor
-
Section 504 of the Rehabilitation Act is valid exercise of the Spending
Clause and the Fourteenth Amendment
-
No Eleventh Amendment immunity to Section 504 actions
-
May enforce Section 504 against state officials in their official capacities
(Ex parte Young)
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Section 504 was intended to protect HIV-positive persons
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Jim C. v. Arkansas Department of Education (8th Cir.) -- intervenor
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Section 504 of the Rehabilitation Act is valid exercise of the Spending
Clause and the Fourteenth Amendment
-
No Eleventh Amendment immunity to Section 504 actions
-
Bradley v. Arkansas Department of Education (8th Cir.) -- intervenor
-
Individuals with Disabilities Education Act is valid exercise of the Spending
Clause and the Fourteenth Amendment
-
No Eleventh Amendment immunity to IDEA actions
-
Pederson v. Louisiana State University (5th Cir.) -- Intervenor
-
Title IX, Education Amendments of 1972, is valid exercise of the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to Title IX actions
-
DeBose v. Nebraska (8th Cir.) -- Intervenor
-
Title I of ADA is valid exercise of the power to enforce the Fourteenth Amendment
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No Eleventh Amendment immunity to Title I actions
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Varner v. Illinois State University (7th Cir.) -- Intervenor
-
Equal Pay Act is valid exercise of Congress' power to enforce the Fourteenth
Amendment
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Title VII's prohibition on policies with unjustified disparate impact on
the basis of sex is valid exercise of Congress' power to enforce the Fourteenth
Amendment
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No Eleventh Amendment immunity to Equal Pay Act or Title VII actions
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Individuals with Disabilities Education Act
Religion Cases
Title VI of the Civil Rights Act of 1964
Voting
Other
Updated March 12, 2009
