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Constitutionality of Federal Statutes

  • Texas v. Holder (S. Ct.) – Appellee
    • The Court should hold the case pending a decision in Shelby County v. Holder, No. 12-96 (S. Ct.)
    • If the Court upholds Sections 4(b) and 5 of the VRA, it should summarily affirm the district court's decision because the court properly applied Section 5 and correctly concluded that S.B. 14 would have a retrogressive effect

     
    Document Date 
    Motion to Affirm 05/09/13
  • House v. United States (S. Ct.) – Respondent
    • The Eleventh Circuit's application of the harmless error standard in this context does not conflict with Supreme Court precedent or other circuit authority, and that its conclusion that the error was harmless as to the four Section 242 counts that were upheld was correct

     
    Document Date 
    Certiorari denied, 2013 WL 1187590 03/25/13
    Brief in Opposition 02/22/13
  • United States v. New Orleans (5th Cir.) - Plaintiff/Appellee
    • The would-be intervenors have not met the criteria for intervention as of right
    • The district court did not abuse its discretion in denying their motions for permissive intervention

     
    Document Date 
    Brief as Appellee 02/19/13
  • Glenn v. Holder (S. Ct.) – Respondent
    • The Sixth Circuit's decision, holding that the plaintiffs had not alleged an intent to violate the Act, nor presented any evidence that they would be prosecuted or suffer other adverse enforcement action under the Act, was correct

     
    Document Date 
    Certiorari denied, 2013 WL 1091774 03/18/13
    Brief in Opposition 02/04/13
  • Gilmore v. Mississippi Coast Coliseum Commission (S.D. Miss.) – Intervenor
    • Plaintiff has sufficiently pleaded a Section 504 claim
    • The court does not need to decide the Title II constitutional question now; in any event, Title II validly abrogates Eleventh Amendment immunity in this context

     
    Document Date 
    District Court Order, 2013 WL 1194706 03/22/13
    Brief as Intervenor 02/01/13
  • Gaylor v. Georgia Department of Natural Resources (N.D. Ga.) – Intervenor/Amicus
    • Title II properly abrogates state sovereign immunity where it ensures accessible public facilities
    • The requirements of Title II and Section 504 are enforceable in a suit for injunctive relief pursuant to the Ex Parte Young doctrine
    • Regulations authoritatively construing Title II and Section 504 are enforceable under those statutes' private rights of action

     
    Document Date 
    Brief as Intervenor and Amicus 11/13/12
  • Weaver v. Madison City Board of Education, et al. (N.D. Ala.) – Intervenor
    • The Board is not an arm of the state under the relevant constitutional standard
    • In the alternative, USERRA provides only for state court jurisdiction over private USERRA suits against States and accordingly, if the Board is an arm of the state, the case should be dismissed on statutory grounds
    • If the court reaches the issue, it should hold that Congress has the authority under its War Powers to authorize private USERRA suits against state employers

     
    Document Date 
    Brief as Intervenor 10/04/12
  • Nix v. Holder (S. Ct.) – Respondent
    • This case is moot
    • Any further merits review is not warranted
    • This case is a poor vehicle for resolving the constitutional claim
    • The district court's merits judgment is correct

     
    Document Date 
    Certiorari denied, 133 S. Ct. 610 11/13/12
    Brief in Opposition to Petition for Writ of Certiorari 09/24/12
  • Johnson v. Neiman (8th Cir.) – Intervenor
    • The appellate court should consider whether Johnson's Title II claim fails for the same evidentiary reasons as his Eighth Amendment claim, in which case the court need not reach the constitutional question
    • Title II validly abrogates sovereign immunity in the prison context

     
    Document Date 
    Court of Appeals Decision 05/06/13
    Brief as Intervenor 07/23/12
  • State of Florida v. United States (D.D.C.) – Defendant
    • Shelby County upheld the 2006 Reauthorization of Sections 4(B) and 5 as a valid exercise of Congress's enforcement authority under the Fourteenth and Fifteenth Amendments
    • The protection of language minorities under Section 5 was a valid exercise of Congress's Fourteenth and Fifteenth Amendment enforcement authority and remains so today
    • Requiring preclearance as to each of Section 5's protected groups is a congruent and proportional response to the harm targeted in covered jurisdictions
    • The 2006 amendments to Section 5 are constitutional
    • Requiring covered jurisdictions in non-covered states to obtain preclearance for statewide voting changes does not exceed Congress's enforcement authority

     
    Document Date 
    District Court Order 10/16/12
    District Court Decision 08/16/12
    Reply Brief 07/20/12
    Memorandum in Opposition to Plaintiff's Motion for Summary Judgment and In Support of Defendants' Motion for Summary Judgment 06/25/12
    Motion for Summary Judgment 06/25/12
  • Paulone v. City of Frederick (D. Md.) – Intervenor
    • In the context of policing, pretrial detention, and parole supervision, Title II is valid legislation pursuant to Section Five of the Fourteenth Amendment and so can abrogate sovereign immunity

     
    Document Date 
    District Court Order 06/04/12
    Reply Brief 05/25/12
    Brief as Intervenor 04/23/12
  • McBay v. City of Decatur (N.D. Ala.) – Intervenor/Amicus
    • Plaintiffs have adequately pleaded violations of Section 504 of the Rehabilitation Act
    • Title II is valid Section 5 legislation to the extent that it ensures accessible public facilities
    • Title II is valid Commerce Clause legislation
    • Justice Department regulations are enforceable under Title II's authoritatively construing Title II private right of action
    • Title II regulates only current economic activity and that National Federation of Independent Business (NFIB) v. Sebelius, 132 S. Ct. 2566 (2012), therefore has no application here

     
    Document Date 
    Response to Supplemental Authority 09/27/12
    Brief as Intervenor and Amicus 01/27/12
  • Mary Jo C. v. New York State and Local Retirement System (2d Cir.) – Amicus/Intervenor
    • Title II's abrogation of sovereign immunity is valid as applied to the class of cases involving the receipt of public benefits
    • A state law that precludes a public entity from making a reasonable accommodation is preempted
     
    Document Date 
    Court of Appeals Decision, 707 F.3d 144 01/30/13
    Supplemental Brief as Intervenor 01/11/12
    Brief as Amicus and Intervenor 08/29/11
  • Mason, et al. v. City of Huntsville (N.D. Ala.) – Intervenor/Amicus
    • Title II is constitutional legislation under Section 5 of the Fourteenth Amendment and the Commerce Clause
    • Regulations implementing Title II are enforceable in a private suit
    • Provision of sidewalks and streets is a "service"
    • Plaintiffs did not fail to state a Section 504 claim
    • Title II regulates only current economic activity and that National Federation of Independent Business (NFIB) v. Sebelius, 132 S. Ct. 2566 (2012), therefore has no application here

     
    Document Date 
    District Court Decision, 2012 WL 4815518 10/10/12
    Response to Supplemental Authority 09/27/12
    Brief as Intervenor and Amicus 06/10/11
  • Natarelli v. VESID (2d Cir.) – Intervenor
    • The district court failed to apply the procedure set forth by the Supreme Court in United States v. Georgia, 546 U.S. 151 (2006), for addressing Eleventh Amendment questions relating to Title II of the ADA and accordingly, did not conduct the proper analysis with respect to this issue

     
    Document Date 
    Court of Appeals Decision, 420 F. App'x 53 04/20/11
    Brief as Intervenor 03/16/11
  • LaRoque v. Holder (D.C. Cir.) – Appellee
    • Plaintiffs lack standing to challenge Section 5(c)
    • The district court correctly upheld the constitutionality of the Amendments and of the 2006 Reauthorization
    • Lack of jurisdiction
    • Plaintiffs lacked standing and that they failed to state a viable cause of action

     
    Document Date 
    Court of Appeals Decision, reported at 679 F.3d 905 05/18/12
    Brief as Appellee 02/13/12
    Court of Appeals Decision , reported at 650 F.3d 777 07/08/11
    Brief as Appellee 03/07/11
  • Zied-Campbell v. Richman (3d Cir.) – Intervenor
    • The district court erred in reaching the Eleventh Amendment issue, and its ruling on that issue therefore should be vacated
    • In the alternative, if the court of appeals reaches the merits of the Eleventh Amendment issue, it should reverse the ruling of the district court and hold that the abrogation of Eleventh Amendment immunity is valid in the context of social services

     
    Document Date 
    Court of Appeals Decision, 428 F. App'x 224 05/24/11
    Brief as Intervenor 02/10/11
  • Glenn v. Holder (6th Cir.) – Appellee
    • Plaintiffs challenge the constitutionality of Section 249(a)(2) of the Shepard-Byrd Hate Crimes Prevention Act
    • The district court ruled that plaintiffs' claims are not ripe because their claims of injury are entirely speculative
    • The district court dismissed the complaint under Rule 12(b)(1) for lack of jurisdiction, ruling that plaintiffs lack standing because they did not allege that they intend to engage in any conduct that might violate the statute or subject them to prosecution

     
    Document Date 
    Court of Appeals Decision, 690 F.3d 417 08/02/12
    Brief as Appellee 01/21/11
  • Kilroy v. Maine (1st Cir.) – Intervenor
    • The court of appeals certified to the Attorney General that the case involved a constitutional challenge to a federal statute, and the Division therefore intervened to address the Eleventh Amendment issue on appeal

     
    Document Date 
    Court of Appeals Decision (unpublished), citation unavailable 03/08/11
    Brief as Intervenor 10/13/10
  • McCollum v. Owensboro Community and Technical College (W.D. Ky.) – Intervenor
    • The ADA’s retaliation ban helps to enforce Title II, which itself is valid Fourteenth Amendment legislation that abrogates sovereign immunity
    • The retaliation ban also enforces the First Amendment rights of public employees, and so is valid Fourteenth Amendment legislation regardless of the validity of the underlying ADA rights

     
    Document Date 
    Decision, 2010 WL 5393852 12/22/10
    Reply Brief as Intervenor 09/14/10
    Brief as Intervenor 08/17/10
  • Goodman v. Donald (S.D. Ga.) – Intervenor
    • The ADA’s bar on retaliation validly abrogates the State’s sovereign immunity

     
    Document Date 
    Brief as Intervenor 07/27/10
  • Miller v. Donald (S.D. Ga.) – Intervenor
    • The ADA’s bar on retaliation validly abrogates the State’s sovereign immunity
    • The Division also filed as an amicus curiae arguing that the Title II right of action extends to challenges based on the implementing regulations

     
    Document Date 
    Brief as Intervenor 07/21/10
  • Brockman v. Texas Department of Criminal Justice, et al. (5th Cir.) – Intervenor
    • The Division intervened in this appeal to defend the constitutionality of the ADA provision abrogating states’ Eleventh Amendment immunity for claims brought pursuant to Title II

     
    Document Date 
    Court of Appeals Decision, 397 F. App'x 18 (unpublished) 09/30/10
    Brief as Intervenor [PDF] (Note: brief was submitted for review but technically not accepted by the court) 03/29/10
  • Zibbell v. Granholm (6th Cir.) -- Intervenor
    • The Division intervened in this appeal to defend the constitutionality of the ADA provision abrogating states' Eleventh Amendment immunity for claims brought pursuant to Title II

     
    Document Date 
    Court of Appeals Decision [PDF], 313 F. App'x 843 (unpublished) 02/23/09
    Brief as Intervenor [PDF] 09/03/08
  • Day v. Minnesota (8th Cir/S. Ct.) -- 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

     
    Document Date 
    Certiorari denied, 131 S.Ct. 818 (S. Ct.) (response waived) 12/13/10
    Court of Appeals Decision [PDF], 354 F. App’x 272 11/05/09
    Brief as Intervenor [PDF] 08/28/08
  • 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

     
    Document Date 
    Court of Appeals Decision [PDF], 305 F. App'x 135 12/31/08
    Informal Brief as Appellee [PDF] 8/11/08
  • McIntosh v. Partridge (5th Cir) -- Intervenor
    • Congress did not grant federal courts jurisdiction to hear private USERRA claims against state employers
    • Congress has the authority pursuant to its war powers to subject state employers to private USERRA claims

     
    Document Date 
    Court of Appeals Decision [PDF], reported at 540 F.3d 315 08/08/08
    Brief as Intervenor [PDF] 11/16/07
  • Goodman v. Donald (S.D. Ga.) -- Intervenor
    • This court should avoid deciding the constitutionality of Title II of the ADA
    • Congress validly abrogated States’ Eleventh Amendment immunity to claims under Title II of the ADA

     
    Document Date 
    Brief as Intervenor [PDF] 11/09/07
  • Miller v. Johnson (E.D. Va.) -- Intervenor
    • Congress validly abrogated States’ Eleventh Amendment immunity to claims under Title II of the ADA

     
    Document Date 
    Brief as Intervenor [PDF] 10/25/07
  • United States & Spencer v. Earley (4th Cir) -- Intervenor-Appellant
    • The district court erred in reaching the question of Title II’s constitutionality
    • The district court erred in dismissing Spencer’s claims on the basis of Eleventh Amendment immunity
    • This court should avoid deciding a new constitutional question
    • 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

     
    Document Date 
    Brief as Appellant [PDF] 11/02/07
    Reply Brief [PDF] 12/14/07
    Court of Appeals Decision (unpublished), available at 278 F. App'x 254 05/16/08
  • Haas v. Quest Recovery Services (6th Cir) -- Intervenor
    • 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

     
    Document Date 
    Letter Brief as Intervenor [PDF] 04/18/07
    Court of Appeals Decision on Remand [PDF], 247 F. App'x 670 08/24/07
  • Large v. Fremont County (D. Wy.) -- Intervenor
    • The Supreme Court has previously rejected a similar constitutional challenge to Section 2 of the Voting Rights Act
    • 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
    • Section 2 is a valid exercise of Congress’s constitutional authority to enforce the Fourteenth and Fifteenth Amendments
    • Courts of appeals have rejected similar constitutional challenges to Section 2 of the Voting Rights Act

     
    Document Date 
    Brief as Intervenor [PDF] 01/16/07
  • Welch v. Virginia Polytechnic Institute & State University (W.D. Va.) -- Intervenor
    • The Fourth Circuit has already held that Title II validly abrogates States' immunity to claims under Title II of the ADA in the context of public higher education
    • The Fourth Circuit has also held that a state agency validly waives its Eleventh Amendment immunity to claims under Section 504 when it accepts federal financial assistance

     
    Document Date 
    Brief as Intervenor [PDF] 01/19/07
  • Chase v. Baskerville (E.D. Va.) -- Intervenor
    • This court should not reach the validity of Title II's abrogation
    • Title II of the Americans with Disabilities Act is valid Section 5 legislation as applied to prison administration
    • 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

     
    Document Date 
    Brief as Intervenor [PDF] 01/19/07
    District Court Decision (unpublished) 08/02/07
  • Buchanan v. Maine (1st Cir.) -- Intervenor
    • This court should not reach the constitutionality of Title II unless necessary
    • Title II is valid Fourteenth Amendment legislation as applied in the context of the provision of mental health services

     
    Document Date 
    Brief as Amicus [PDF] 08/30/06
    Court of Appeals Decision [PDF], reported at 469 F.3d 158 11/16/06
  • Westchester Day School v. Village of Mamaroneck (2d Cir.) -- Intervenor & Amicus
    • The district court correctly upheld the constitutionality of RLUIPA
    • 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

     
    Document Date 
    Brief as Intervenor & Amicus In Support of Plaintiff-Appellee[PDF] 08/11/06
  • Guru Nanak Sikh Society v. County of Sutter (9th Cir.) -- Intervenor/Amicus
    • The district court correctly found that the county's denial of Guru Nanak's application for a use permit constituted a substantial burden in violation of Section 2 (a)(1) of RLUIPA
    • RLUIPA Section 2(a)(1), as made applicable by Section 2(a)(2)(c), is a valid exercise of Congress's Section 5 powers because it codifies established constitutional principles

     
    Document Date 
    Brief as Intervenor and Amicus [PDF] 05/19/04
    Court of Appeals Decision, reported at 456 F.3d978 08/01/06
  • Disability Rights Council v. WMATA (D.D.C.) -- Intervenor
    • This court should not reach this issue
    • Title II is valid Fourteenth Amendment legislation as applied to the context of public transportation

     
    Document Date 
    Brief as Intervenor [PDF] 07/17/06
    District Court Decision [PDF], reported at 239 F.R.D. 9 12/09/06
  • Prye v. Blunt (W.D. Mo.) -- Intervenor
    • This court should not reach the constitutionality of Title II unless necessary
    • Title II of the Americans with Disabilities Act is valid Section 5 legislation as applied to voting

     
    Document Date 
    Brief as Intervenor [PDF] 06/15/06
  • Jones v. Gale (8th Cir.) -- Amicus
    • This court has held that private plaintiffs may enforce the requirements of Title II of the ADA through Ex Parte Young suits

     
    Document Date 
    Brief as Amicus [PDF] 05/25/06
    Court of Appeals Decision [PDF], reported at 470 F.3d 1261 12/13/06
  • Spencer v. Earley (E.D. Va.) -- Intervenor
    • Title II of the Americans with Disabilities Act is valid Section 5 legislation as applied to prison administration
    • 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

     
    Document Date 
    Brief as Intervenor [PDF] 04/14/06
    District Court Decision 01/30/07
  • Randolph v. Texas Rehabilitation Commission (5th Cir.) -- Intervenor
    • 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

     
    Document Date 
    Brief as Intervenor [PDF] 10/11/05
    Court of Appeals Decision [PDF] (unpublished), available at 214 Fed. Appx. 424 01/18/07
  • Toledo v. Sanchez-Rivera (1st Cir.) -- Intervenor
    • Under the analysis of Tennessee v. Lane, Title II is valid Fourteenth Amendment legislation as applied in the context of public education

     
    Document Date 
    Brief as Intervenor [PDF] 08/25/05
    Court of Appeals Decision [PDF], reported at 454 F.3d 24 07/06/06
  • Roe v. Johnson (2d Cir.) -- Intervenor
    • This Court should not rule on the constitutionality of Title II without first considering alternative grounds for affirming or reversing
    • Under the analysis of Tennessee v. Lane, Title II is valid Fourteenth Amendment legislation as applied in the context of public licensing programs

     
    Document Date 
    Brief as Intervenor [PDF] 03/14/05
  • Constantine v. Rectors & Visitors of George Mason University ( 4th Cir.) -- Intervenor
    • This court should decide first whether plaintiff stated a claim prior to entertaining the university's constitutional challenges
    • Congress validly conditioned federal funding on a waiver of Eleventh Amendment immunity for private claims under Section 504 of the Rehabilitation Act of 1973
    • Under the analysis of Tennessee v. Lane, Title II is valid Fourteenth Amendment legislation as applied in the context of public education
    • The ADA retaliation provision is also valid Fourteenth Amendment legislation
    • 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

     
    Document Date 
    Brief as Intervenor [PDF] 12/08/04
    Court of Appeals Decision [PDF], reported at 411 F.3d 474 06/13/05
  • Bill M. v. Nebraska Department of Health & Human Services (8th Cir.) -- Intervenor
    • The district court properly declined to rule on the State's Eleventh Amendment challenge at this stage in the proceedings
    • Congress validly abrogated the State's Eleventh Amendment immunity to claims under Title II of the ADA in the institutionalization context
    • The panel incorrectly concluded that this court's 1999 holding in Alsbrook v. City of Maumelle controls the outcome of this case

     
    Document Date 
    Brief as Intervenor [PDF] 11/26/04
    Court of Appeals Decision [PDF], reported at 408 F.3d 1096 05/27/05
    Petition for Rehearing En Banc as Intervenor [PDF] 07/08/05
  • Crowley v. TEA (5th Cir.) -- Intervenor
    • This court should delay consideration of this case pending this court's en banc decision in Pace v. Bogalusa
    • A State that voluntarily seeks entry of a consent decree in federal court waives its immunity from actions to enforce that decree the TEA waived its Eleventh Amendment immunity to claims under the IDEA by accepting IDEA funding

     
    Document Date 
    Dismissed 07/12/05
    Brief as Intervenor [PDF] 11/12/04
  • Muhammed v. Ohio Department of Rehabilitation and Correction (6th Cir.) -- Intervenor-Appellee
    • Title VII's prohibition of religious discrimination, including its accommodation requirement, is valid Section 5 legislation

     
    Document Date 
    Brief as Intervenor-Appellee [PDF] 03/08/04
    Appeal dismissed 01/06/05
  • Midrash Sephardi, Inc. v. Town of Surfside (11th Cir.) -- Intervenor
    • 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
    • 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
    • Section 2(a)(1), as applied through Section 2(a)(2)(b), is a valid exercise of Congress's Commerce Clause authority
    • The RLUIPA provisions at issue are consistent with the Establishment Clause
    • RLUIPA does not violate the Tenth Amendment

     
    Document Date 
    Brief as Intervenor[PDF] 01/05/04
    Court of Appeals Decision [PDF], reported at 366 F.3d 1214 04/21/04
  • Barbour v. WMATA (D.C. Cir.) -- Intervenor
    • Congress validly conditioned receipt of federal funds on a waiver of Eleventh Amendment immunity for private claims under Section 504 of the Rehabilitation Act

     
    Document Date 
    Brief as Intervenor [PDF] 10/26/03
    Court of Appeals Decision [HTML], reported at 374 F.3d 1161 07/09/04
  • S.C. v. Deptford Board of Education (3d Cir.) -- Intervenor
    • Congress validly conditioned IDEA funds on a waiver of Eleventh Amendment immunity for private claims under the IDEA

     
    Document Date 
    Brief as Intervenor[PDF] 08/28/03
    Appeal dismissed 10/20/04
  • Espinoza v. Texas Department of Public Safety (5th Cir.) -- Intervenor
    • 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
    • Section 504 is valid Spending Clause legislation
    • The Department's waiver of sovereign immunity was effective

     
    Document Date 
    Brief as Intervenor[PDF] 04/22/03
    Supplemental Letter Brief as Intervenor[PDF] 04/12/05
    Court of Appeals Decision [PDF], unpublished, 148 Fed. Appx. 224 08/25/05
  • Meyers v. Texas (5th Cir.) -- Intervenor
    • Suits under Title II may be brought against state officials in their official capacities for prospective relief
    • This Court need not, and should not, consider the State's challenges to the validity of the surcharge regulation in this appeal
    • The surcharge regulation does not exceed the scope of the Attorney General's delegated regulatory authority
    • Title II is valid Fourteenth Amendment legislation
    • Title II is valid Commerce Clause legislation as applied to this case
    • Title II does not violate the Tenth Amendment

     
    Document Date 
    Brief as Intervenor[PDF] 03/20/03
    Court of Appeals Decision [PDF], reported at 410 F.3d 236 05/19/05
  • Lieberman v. Delaware (3d Cir.) -- Intervenor
    • Congress validly conditioned a State's receipt of federal funding on a waiver of Eleventh Amendment immunity for private claims under Section 504

     
    Document Date 
    Brief as Intervenor[PDF] 02/27/03
    Court of Appeals Decision [PDF], unpublished, 70 Fed. Appx. 630 07/14/03
  • Pugliese v. Dillenberg (9th Cir.) -- Intervenor
    • 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
    • The State was not unconstitutionally coerced into waiving its sovereign immunity to Section 504 claims

     
    Document Date 
    Brief as Intervenor[PDF] 02/03/03
    Reply Brief as Intervenor[PDF] 05/16/03
    Court of Appeals Decision [PDF], reported at 346 F.3d 937 10/07/03
  • Thomas v. University of Houston (5th Cir.) -- Intervenor
    • 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
    • Section 504 is valid Spending Clause legislation
    • The University's waiver of sovereign immunity was effective

     
    Document Date 
    Brief as Intervenor[PDF] 01/29/03
    Supplemental Letter Brief [PDF] 04/22/05
    Court of Appeals Decision [PDF], unpublished, 155 Fed. Appx. 115 11/04/05
  • Gross Seed Co. v. Nebraska Dep't of Roads & United States (8th Cir.) -- Appellees
    • The district court correctly determined that the federal DBE program is facially constitutional
    • The district court correctly determined that the federal DBE program is constitutional as applied

     
    Document Date 
    Brief as Appellees[PDF] 01/10/03
    Court of Appeals Decision [PDF], reported at 345 F.3d 964 10/06/03
  • Danny R. v. Spring Branch Independent School District (5th Cir.) -- Intervenor
    • 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
    • Section 504 is valid Spending Clause legislation
    • 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

     
    Document Date 
    Brief as Intervenor[PDF] 12/10/02
    Court of Appeals Decision [PDF], unpublished, 124 Fed. Appx. 289 03/30/05
  • Radaszewski v. Garner (8th Cir.) -- Amicus
    • Eleventh Amendment is no nar to rivate suits against state officials to enjoin future violations of federal law
    • Congress did not display any intent to foreclose jurisdiction under Ex parte Young for suits under Title II And Section 504

     
    Document Date 
    Brief as Amcus[PDF] 11/29/02
    Court of Appeals Decision [PDF], reported at 383 F.3d 599 09/08/04
  • Endres v. Indiana State Police Department & Holmes v. Marion County (7th Cir.) -- Intervenor
    • 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

     
    Document Date 
    Brief as Intervenor [PDF] 07/29/02
    Court of Appeals Decision [PDF], reported at 334 F.3d 618 06/27/03
    Petition for Rehearing as Intervenor [PDF] 08/08/03
    Petition for Rehearing granted 11/19/03
    Rehearing dismissed 01/20/04
  • Miranda B., et al. v. John Kitzhabeer, Governor of the State of Oregon, etc. (9th Cir.) -- Intervenor
    • 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
    • Suits under Title II and Section 504 may be brought against state officials in their official capacities for prospetive relief

     
    Document Date 
    Brief as Intervenor[PDF] 07/23/02
    Court of Appeals Decision [PDF], reported at 328 F.3d 1181 05/14/03
  • Sherbrooke Turf, Inc. v. Minnesota Department of Transportation, et al. and United States, et al. (8th Cir.) -- Appellee
    • Sherbrooke has standing to challenge the DBE program
    • District court correctly concluded that recipients of TEA-21 financial assistance need not independemtly satisfy satisfy strict scrutiny
    • District court correctly determined that the federal DBE program is facially constitutional

     
    Document Date 
    Brief as Appellee[PDF] 07/15/02
    Court of Appeals Decision [PDF], reported at 345 F.3d 964 10/06/03
  • A.W. v. Jersey City Public Schools (3d Cir.) -- Intervenor
    • Congress validly conditioned receipt of federal funds on waiver of Eleventh Amendment immunity to Section 504 and IDEA suits

     
    Document Date 
    Brief as Intervenor [PDF] 07/03/02
    Court of Appeals decision [PDF], reported at 341 F.3d 234 08/19/03
  • 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
    • Congress validly conditioned receipt of federal funds on waiver of Eleventh Amendment immunity to Section 504 suits

     
    Document Date 
    Brief as Intervenor-Appellee [PDF] 07/03/02
    Court of Appeals Decision [PDF], reported at 344 F.3d 335 09/16/03
  • Doe v. State of Nebraska (8th Cir.) -- Intervenor
    • Congress validly conditioned receipt of federal funds on waiver of Eleventh Amendment immunity to Section 504 suits

     
    Document Date 
    Brief as Intervenor [PDF] 07/02/02
    Court of Appeals Decision [PDF], reported at 345 F.3d 593 10/07/03
  • Bowers v. NCAA (3d Cir.) -- Intervenor
    • Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
    • Congress validly conditioned receipt of federal funds on waiver of Eleventh Amendment immunity to Section 504 suits
    • This court should not reach the constitutionality of Title II unless necessary
    • Title II is valid Fourteenth Amendment legislation as applied in the context of public education

     
    Document Date 
    Brief as Intervenor [PDF] 06/28/02
    Court of Appeals Decision [PDF], reported at 346 F.3d 402 08/20/03
    Brief as Intervenor [PDF] 08/15/06
    Court of Appeals Decision [PDF], reported at 475 F.3d 524 02/01/07
  • Biggs v. Board of Education of Cecile County, Maryland (4th Cir.) -- Intervenor
    • Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
    • Congress validly conditioned receipt of federal funds on waiver of Eleventh Amendment immunity to Section 504 suits

     
    Document Date 
    Brief as Intervenor [PDF] 06/14/02
    Reply Brief [PDF] 08/15/02
    Appeal dismissed 01/17/03
  • Wilkes v. Wyoming Dep't of Employment (10th Cir.) -- Intervenor
    • No Eleventh Amendment immunity to Title VII actions charging illegal discrimination on the basis of sex

     
    Document Date 
    Brief as Intervenor [PDF] 05/20/02
    Court of Appeals Decision [HTML], reported at 314 F.3d 501 12/23/02
  • Wilson v. Pennsylvania State Police Dep't (3d Cir.) -- Intervenor
    • Congress validly conditioned receipt of federal funds on waiver of Eleventh Amendment immunity to Section 504 suits
    • Title I of the ADA may be enforced against state officials for prospective relief

     
    Document Date 
    Brief as Intervenor [PDF] 04/23/02
    Reply Brief [PDF] 06/07/02
    Court of Appeals Decision [PDF], unreported, 2002 WL 31492373 11/07/02
  • Vadie v. Miss. State Univ. (5th Cir.) -- Intervenor
    • University is precluded from asserting an Eleventh Amendment immunity defense by law of the case
    • No Eleventh Amendment immunity to Title VII actions charging illegal retaliation for making Title VII complaint

     
    Document Date 
    Brief as Intervenor [PDF] 04/01/02
    Court of Appeals decision, reported at 218 F.3d 365 06/25/02
  • Wessel v. Glendening (4th Cir.) -- Intervenor
    • Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
    • Title II of the ADA may be enforced by injunction against state officials

     
    Document Date 
    Brief as Intervenor [PDF] 02/26/02
    Court of Appeals Decision [PDF], reported at 306 F.3d 203 09/26/02
  • Johnson v. Hamrick (11th Cir.) -- Intervenor
    • Section 2 of the Voting Rights Act is valid legislation to enforce the Fourteenth and Fifteenth Amendments
    • Defendants' challenge to the constitutionality of Section 2 of the Voting Rights Act is barred by law of the case

     
    Document Date 
    Brief as Intervenor [PDF] 01/28/02
    Court of Appeals Decision [PDF], reported at 296 F.3d 1065 07/05/02
  • Patrick W. v. Anderson (9th Cir.) -- Intervenor
    • No Eleventh Amendment immunity to Section 504 actions
    • Section 504 may be enforced by injunction against state officials

     
    Document Date 
    Brief as Intervenor [PDF] 01/11/02
    Appeal dismissed 03/06/03
  • Chisolm v. McManimon (3d Cir.) -- Intervenor
    • Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
    • Section 504 of the Rehabilitation Act is valid legislation under the Spending Clause and the Fourteenth Amendment
    • No Eleventh Amendment immunity to ADA Title II and Section 504 actions

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 11/02/01
    Court of Appeals Decision [PDF], reported at 275 F.3d 315 12/28/01
  • Thomas v. Nakatani (9th Cir.) -- Intervenor
    • No Eleventh Amendment immunity to ADA Title II actions
    • Title II of the ADA may be enforce by injunction against state officials

     
    Document Date 
    Brief as Intervenor [PDF] 10/28/01
    Court of Appeals Decision [PDF], reported at 309 F.3d 1203 11/06/02
  • Simmons v. Texas Dept. of Criminal Justice (5th Cir.) -- Intervenor
    • Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
    • No Eleventh Amendment immunity to ADA Title II actions

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 08/08/01
    Brief as Intervenor [HTML] [PDF] 08/08/01
    Court of Appeals decision, unpublished 03/21/02
  • Lovell v. Chandler (9th Cir.) -- Intervenor
    • Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
    • Section 504 of the Rehabilitation Act is valid legislation under the Spending Clause and the Fourteenth Amendment
    • No Eleventh Amendment immunity to ADA Title II and Section 504 actions

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 07/09/01
    Court of Appeals decision [PDF], reported at 303 F.3d 1039 09/05/02
  • Vinson v. Thomas (9th Cir.) -- Intervenor
    • Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
    • Section 504 of the Rehabilitation Act is valid legislation under the Spending Clause and the Fourteenth Amendment
    • No Eleventh Amendment immunity to ADA Title II and Section 504 actions

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 06/12/01
    Court of Appeals decision [PDF] , reported at 288 F.3d 1145 05/03/02
  • Root v. Georgia State Bd. of Veterinary Medicine (11th Cir.) -- Intervenor
    • Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
    • No Eleventh Amendment immunity to ADA Title II actions

     
    Document Date
    Petition for Rehearing [HTML] [PDF] 04/26/01
    Petition for Rehearing denied 05/17/01
  • McAleese v. Pennsylvania Dep't of Corrections (3d Cir.) -- Intervenor
    • Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
    • Section 504 of the Rehabilitation Act is valid legislation under the Spending Clause and the Fourteenth Amendment
    • No Eleventh Amendment immunity to ADA Title II and Section 504 actions
    • Title II and Section 504 may be enforced against statute officials through injunctive relief even if Congress did not validly remove States' sovereign immunity

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 05/02/01
    Court of Appeals decision, unpublished, 275 F.3d 36 (Table) 08/27/01
  • Garcia v. S.U.N.Y. Health Sciences Center (2d Cir.) -- Intervenor
    • Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
    • Section 504 of the Rehabilitation Act is valid legislation under the Spending Clause and the Fourteenth Amendment
    • No Eleventh Amendment immunity to ADA Title II and Section 504 actions

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 04/13/01
    Court of Appeals decision [PDF], reported at 280 F.3d 98 09/25/01
    Petition for Rehearing En Banc [PDF] 11/16/01
    Petition for Rehearing En Banc Denied 02/06/02
  • Robinson v. Kansas (10th Cir.) -- Intervenor
    • Title VI of the Civil Rights Act of 1964 is valid exercise of the Spending Clause and 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 VI and Section 504 actions

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 02/05/01
    Court of Appeals decision [HTML], reported at 295 F.3d 1183 07/09/02
  • Lunnie v. University of Arkansas (8th Cir.) -- Intervenor
    • Title VII's prohibitions on race discrimination and retaliation are valid exercises of Congress' power to enforce the Fourteenth Amendment
    • No Eleventh Amendment immunity to Title VII actions

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 12/29/00
    Court of Appeals decision [PDF], reported at 255 F.3d 615 06/20/01
  • Okruhlik v. University of Arkansas (8th Cir.) -- Intervenor
    • Title VII's prohibitions on sex discrimination and retaliation are valid exercises of Congress' power to enforce the Fourteenth Amendment
    • No Eleventh Amendment immunity to Title VII actions

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 12/06/00
    Court of Appeals decision [PDF], reported at 255 F.3d 615 06/20/01
  • Asbury v. Missouri Department of Elementary and Secondary Education (8th Cir.) -- Intervenor
    • Individuals with Disabilities Education Act is valid exercise of the Spending Clause
    • Section 504 of the Rehabilitation Act is valid exercise of the Spending Clause and the Fourteenth Amendment
    • No Eleventh Amendment immunity to IDEA and Section 504 actions

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 11/07/00
    Court of Appeals decision [PDF], unpublished 04/18/01
  • Pawlowski v. Regents of the University of Colorado (10th Cir.) -- Intervenor
    • Equal Pay Act is valid exercise of Congress' power to enforce the Fourteenth Amendment
    • No Eleventh Amendment immunity to Equal Pay Act actions

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 06/15/00
    Appeal dismissed, unpublished 08/22/00
  • Cisneros v. Wilson (10th Cir.) -- Intervenor
    • Title I of ADA is valid exercise of the power to enforce the Fourteenth Amendment
    • May enforce Title I against state officials in their official capacities (Ex parte Young)

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 05/25/00
    Court of Appeals decision [HTML], reported at 226 F.3d 1113 09/11/00
  • 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
    • No Eleventh Amendment immunity to Title VII actions

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 05/17/00
    Court of Appeals decision [PDF], reported at 321 F.3d 1017 02/13/03
  • Groome Resources, Ltd. v. Parish of Jefferson (5th Cir.) -- Intervenor
    • Fair Housing Act is a valid exercise of the Commerce Clause and the Fourteenth Amendment
    • Tenth Amendment no bar to application of Fair Housing Act to county
    • Act is not unconstitutionally vague

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 02/22/00
    Court of Appeals decision [PDF], reported at 234 F. 3d 192 11/22/00
  • Hundertmark v. Watts (11th Cir.) -- Intervenor
    • Equal Pay Act is valid exercise of Congress' power to enforce the Fourteenth Amendment
    • No Eleventh Amendment immunity to Equal Pay Act actions

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 02/22/00
    Court of Appeals decision [HTML], reported at 205 F.3d 1272 03/07/00
  • Walker v. Snyder (7th Cir.) -- Intervenor
    • Suits against state officials in their individual capacities not barred by t he Eleventh Amendment
    • May enforce Title II against state officials in their official capacities (Ex parte Young)
    • Title II of ADA is valid exercise of the power to enforce the Fourteenth Amendment
    • No Eleventh Amendment immunity to Title II actions

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 12/27/99
    Court of Appeals decision [HTML], reported at 213 F.3d 344 05/16/00
    Petition for Certiorari [HTML]  [PDF] 10/10/00
    Petition for Certiorari denied, reported at 531 U.S. 1190 02/26/01
  • Pomeroy v. Western Michigan University (6th Cir.) -- Intervenor
    • 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
    • No Eleventh Amendment immunity to Title I and Section 504 actions

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 10/12/99
    Court of Appeals decision, unpublished 02/28/01
  • Johnson v. Tennessee Technical Center at Memphis (6th Cir.) -- Intervenor
    • 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
    • Denying accessibility to courthouses and colleges implicates constitutional rights

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 04/07/99
    Appeal dismissed by stipulation 07/12/99
  • Sandoval v. Hagan (11th Cir.) -- Intervenor/Amicus
    • 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
    • English-only laws' discriminatory effect on the basis of national origin

     
    Document Date 
    Brief as Intervenor/Amicus [HTML] [PDF] 01/11/99
    Court of Appeals decision [HTML], reported at 197 F.3d 484 11/30/99
    Certiorari granted, reported at 530 U.S. 1305 09/26/00
    Supreme Court Brief [HTML] 12/13/00
    Supreme Court decision [HTML], reported at 532 U.S. 275  04/24/01
  • 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
    • No Eleventh Amendment immunity to Title IX actions

     
    Document Date
    Brief as Intervenor [HTML] [PDF] 10/30/98
    Appeal dismissed, unpublished 09/27/99
  • 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)
    • Section 504 was intended to protect HIV-positive persons

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 10/07/98
    Court of Appeals decision [HTML], reported at 171 F.3d 1289 04/07/99
    Opposition to Petition for Certiorari [HTML]  [PDF] 12/21/99
    Petition for Certiorari denied, reported at 528 U.S. 1114 01/18/00
  • 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

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 04/16/98
    Court of Appeals decision [PDF], reported at 189 F.3d 745 08/31/99
  • Varner v. Illinois State University (7th Cir.) -- Intervenor
    • Equal Pay Act is valid exercise of Congress' power to enforce the Fourteenth Amendment
    • 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
    • No Eleventh Amendment immunity to Equal Pay Act or Title VII actions

     
    Document Date 
    Brief as Intervenor 12/02/97
    Court of Appeals decision, reported at 150 F.3d 706 07/21/98
    Opposition to Petition for Certiorari [HTML]  [PDF] 04/16/99
    Supreme Court remand order, reported at 528 U.S. 1110 01/18/00
    Supplemental Brief [HTML] [PDF] 04/03/00
    Court of Appeals decision [HTML], reported at 226 F.3d 927 09/06/00
    Opposition to Petition for Certiorari [HTML]  [PDF] 05/14/01
    Petition for Certiorari denied, reported at 533 U.S. 902 06/01/01

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Amicus curiae suggestions may be submitted to crt.amicus@usdoj.gov. Submissions should include case name, docket number, circuit/district court name, a brief description of the case and issue, and the current status if known.

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