GPO-CONAN-2017-10-15.pdf

2254 seminole tribe of florida v florida 517 us 44

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2254 Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996) (Article I powers may not be used to abrogate a state’s Eleventh Amendment immunity, but Fitzpatrick v. Bitzer, 427 U.S. 445 (1976), holding that Congress may abrogate Eleventh Amend- ment immunity in exercise of Fourteenth Amendment enforcement power, remains good law). See discussion pp. 1533–37. 2255 527 U.S. 627 (1999). 2256 527 U.S. at 639–46. See also College Savings Bank v. Florida Prepaid Post- secondary Educ. Expense Bd., , 527 U.S. 666 (1999) (Trademark Remedy Clarifica- tion Act amendment to Lanham Act subjecting states to suits for false advertising is not a valid exercise of Fourteenth Amendment power; neither the right to be free from a business competitor’s false advertising nor a more generalized right to be secure in one’s business interests qualifies as a “property” right protected by the Due Process Clause). 2257 528 U.S. 62 (2000). Again, the issue of the Congress’s power under § 5 of the Fourteenth Amendment arose because sovereign immunity prevents private ac- tions against states from being authorized under Article I powers such as the com- merce clause. 2252 AMENDMENT 14—RIGHTS GUARANTEED
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crimination by states, finding that there is a rational basis for states to use age as a proxy for other qualities, abilities and characteris- tics. 2258 Noting the lack of a sufficient legislative record establish- ing broad and unconstitutional state discrimination based on age, the Court found that the ADEA, as applied to the states, was “so out of proportion to a supposed remedial or preventive object that it cannot be understood as responsive to or designed to prevent un- constitutional behavior.” 2259 Despite what was considered by many to be a better developed legislative record, the Court in Board of Trustees of Univ. of Ala. v. Garrett 2260 also rejected the recovery of money damages against states, this time under of the Americans with Disabilities Act of 1990 (ADA). 2261 Title I of the ADA prohibits employers, including states, from “discriminating against a qualified individual with a disabil- ity” 2262 and requires employers to “make reasonable accommoda- tions [for] . . . physical or mental limitations . . . . unless [to do so] . . . would impose an undue hardship on the . . . business.” 2263 Although the Court had previously overturned discriminatory legis- lative classifications based on disability in City of Cleburne v. Cleburne Living Center , 2264 the Court had held that determinations of when states had violated the Equal Protection Clause in such cases were to be made under the relatively deferential standard of rational ba- sis review. Thus, failure of an employer to provide the kind “reason- able accommodations” required under the ADA would not generally rise to the level of a violation of the Fourteenth Amendment, and instances of such failures did not qualify as a “history and pattern of unconstitutional employment discrimination.” 2265 Thus, accord- ing the Court, not only did the legislative history developed by the Congress not establish a pattern of unconstitutional discrimination
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