Read NSCLC's analysis of court decisions from 2005

• Supreme Court to Review Whether Bankruptcy Laws Can Abrogate States’ Immunity
The Supreme Court has agreed to decide the issue it sidestepped last Term: whether Congress has authority under the Bankruptcy Clause of Article I of the Constitution to abrogate states’ sovereign i...
• Nuclear Option Fizzling on Launchpad
As Congress left Washington for its President's Day week-long recess, Senate Majority Leader Bill Frist appeared not to have corralled enough Republican votes to carry out his often repeated threat to...
• TCA Creates Sect. 1983 Rights
The Southern District of New York has found that two provisions of the Telecommunications Act create rights enforceable by telecom providers under 42 U.S.C. § 1983. ...
• NY Times: Lauren Saunders of NSCLC Quoted in Article on How Courts are Limiting Rights of Poor People to Use Legal System to Fight for Medicaid Benefits
NY Times: Lauren Saunders of NSCLC Quoted in Article on How Courts are Limiting Rights of Poor People to Use Legal System to Fight for Medicaid Benefits ...
• Is the New Deal Under Attack?
The American Constitution Society’s blog this week has a good summary of commentary on conservative attempts to restore a “Constitution-in-Exile.” ...
• 'Federalism' Justifies Vacating Consent Decree
The Seventh Circuit, citing “considerations of public interest and federalism,” has all but ordered a district court to vacate a consent decree entered into in 1983 that prohibits the City of Chic...
• Commerce Clause Issues Raised in Clean Water Act Certs
The Supreme Court has agreed to review two cases under the Clean Water Act that raise both statutory and Commerce Clause issues. The constitutional issue in both cases, which were consolidated, is wh...
• Cert. Granted in Dormant Commerce Clause, Taxpayer Standing Case
The Supreme Court has agreed to review a Sixth Circuit ruling that Ohio’s investment tax credit impermissibly discriminates in favor of in-state investment and against out-of-state investment in vio...
• No Expert Fees under IDEA
The D.C. Circuit has held that expert fees are not among the "reasonable attorneys' fees as part of the costs," 20 U.S.C. § 1415(i)(3)(B, awardable to a prevailing party under the Individuals with Di...
• 9th Cir. Rejects 1983 Claim to Enforce Medicaid Methods and Procedures Provision PDF document — 87 KB
Sanchez v. Johnson, No. 04-15228, ---F.3d---, 2005 WL 1804195 (9th Cir. Aug. 2, 2005) The Ninth Circuit has rejected a claim by developmentally disabled individuals and medical providers that the lowe...