Read NSCLC's analysis of court decisions from 2003

• Commerce Clause Attacks Continue
A new attack on Congressional power under the Commerce Clause comes from the Central District in California. ...
• 10th Circuit Reads Sandoval Narrowly, ADA Broadly
The Tenth Circuit has upheld and enforced regulations adopted to implement Title II of the American with Disabilities Act (ADA), rejecting an argument that the Supreme Court's decision in Alexander v....
• Medicaid Act Enforced Under Supremacy Clause Claim
A federal district court in Texas has ruled that the operation of a state law may be enjoined under an action under the Supremacy Clause of the federal Constitution even though the governing federal s...
• Post-Hibbs Decision Suggests the FMLA Battle is Not Over
A federal district court in Virginia has opined, but has not held, that full enforcement of the FMLA against states is not yet a sure thing. ...
• Two Justices Could Make Medicaid Suits An Endangered Species
The ability of Medicaid beneficiaries to sue to enforce the federal law and regulations is under serious attack. The most dangerous predators are Justices Scalia and Thomas. ...
• Congressional Power and the "Necessary and Proper" Clause
In recent years, federalism issues have focused primarily on Congressional power under the Commerce Clause and the Fourteenth Amendment and issues relating to sovereign immunity of the states. ...
• Rebuttal to Garcia on Waiver of Immunity
Judge Wiener of the Fifth Circuit Court of Appeals has written a powerful and innovative rejection of the 2d Circuit decision in Garcia v. SUNY Health Sciences Ctr., 280 F. 3d 98, (2d Cir. 2001). ...
• Sovereign Immunity of States Does Not Protect Counties
A unanimous Supreme Court holds that a federal statute tolling the statute of limitations in state courts can be constitutionally applied to suits against counties....
• County Covered By 11th Amendment Immunity
Generally, immunity under the 11th Amendment extends only to states and not to local government. But local government can sometimes be protected by the 11th Amendment if it is considered an arm of the...
• Supreme Court Sharply Limits Punitive Damages
In a classic example of a bad case making bad law, the U.S. Supreme Court held that the Due Process Clause of the 14th Amendment sharply limits both the circumstances in which punitive damages may be ...
• Spending Power Legislation Upheld
The Ninth Circuit has upheld the Religious Land Use and Institutionalized Persons Act of 2000....