Comment by Meredith S. Byars
Not many could have predicted the holding by the United States Supreme Court in Tennessee v. Lane, finding that Title II of the ADA constituted a valid exercise of congressional authority under Section 5 of the Fourteenth Amendment to enforce the fundamental right of the disabled to have access to the court system. Because the Court chose not to examine the full scope of Title II's remedies as they apply to all public services and programs, however, the Court left to speculation whether the Lane decision will extend to violations of fundamental due process rights of the disabled in other public services and programs, and, if so, which ones. This Comment contemplates the extension of Lane to the area of state correctional services and debates whether disabled prisoners, primarily the mentally ill, could gain a private right of action against states for money damages under Title II of the ADA. The Comment also addresses whether state sovereignty concerns should influence the outcome of the Court's decision in this and other areas of future litigation.
About the Author
Meredith S. Byars. J.D. candidate 2006, Tulane University School of Law; B.A. 1997, The Evergreen State College.
Citation
80 Tul. L. Rev. 947 (2006)