Read NSCLC's analysis of court decisions from 2004.

• Court Upholds Congressional Spending Clause Power To Protect Rights
The 11th Circuit, in a decision authored by Judge William Pryor, has ruled that Congress did not exceed its authority under the Spending Clause of the Constitution in enacting §3 of the Religious Lan...
• Supremacy Clause/§1983 Upheld Unanimously In Provisional Vote Cases; DOJ Opposed
Now that the dust has settled a bit from the election, courts have unanimously upheld causes of action under 42 U.S.C. § 1983 and preemption/Supremacy Clause to enforce the right to a provisional bal...
• Medicaid Recipients Enforce the Medicaid Act
A federal district court in Pennsylvania has reaffirmed the right of Medicaid recipients to enforce the Medicaid Act. ...
• Supremacy Clause Cause of Action to Enforce Medicaid
The District of Minnesota has held that plaintiffs stated a claim under the Supremacy Clause that state administrative orders conflicted with Medicaid rules and regulations....
• 11th Circuit: ADA Unconstitutional As Applied to State Prisons
In a decision having implications for 14th Amendment doctrine generally, the Eleventh Circuit has held that Title II of the Americans with Disabilities Act, as applied to state prisons, is not a valid...
• Fifth Circuit Allows ADA Title II Suit Against State Officials
The Fifth Circuit, over a chilling dissent by a potential Supreme Court nominee, has rejected Texas’ claim that state officials cannot be sued under Title II of the Americans with Disabilities Act, ...
• Employee’s Rehabilitation Act Money Damages Claim Against State Agency Is Upheld
A split D.C. Circuit has held that Congress has the power under the Spending Clause to condition acceptance of federal public transit funds on a waiver of sovereign immunity for discrimination against...
• States More Sovereign Than Sovereign Nations
Even without petty analogies to the transfer of sovereignty in Iraq, a Supreme Court opinion this month reminds us that under the Court’s current doctrine, states have greater sovereign immunity tha...
• Preemption/Supremacy Clause Developments
A preemption cause of action under the Supremacy Clause is becoming an important potential alternative to section 1983 when states violate federal law. This article discusses two developments on this....
• Supreme Court Upholds ADA Title II Protection Of Access To Court Facilities
On May 17, 2004, a 5-4 Supreme Court majority upheld Congress’ authority...to require state governments to ensure access by disabled persons to state court facilities, and to empower individuals to ...