Bazelon Center Action Alert: NO on Roberts...ADA at Risk!

http://www.bazelon.org/takeaction/alerts/2005/9-21-05roberts1.htm

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Judge Roberts repeatedly deflected questions about his positions on Congress’s power to enact the Americans with Disabilities Act. This is of enormous importance to people with disabilities. In its 5-4 ruling in Board of Trustees of Univ. of Alabama v. Garret, the Supreme Court held that Congress lacked the power to apply the employment protections in Title I of the ADA to states. In Tennessee v. Lane, a 5-4 majority held that Congress did have the power to apply the guarantee of access to public services in Title II to the states, with respect to access to the courts. Now the justices will consider Congress’ power to enact other important provisions of the ADA, including a case to be argued November 9th on the ADA’s application to state prisons.

The rights of people with disabilities hang in the balance. During last week’s hearings, Senators on both sides of the aisle voiced their concern about this the issue of Congress’s authority to pass the ADA, but Judge Roberts did not provide any reassurance to them that he would uphold Congress’ power to enact the ADA.

Judge Roberts also refused to say whether he believed the ADA’s protections should be interpreted very narrowly, as he had argued to the Supreme Court when he represented the automobile manufacturer in Toyota Motor Mfg. v. Williams. In that case, Roberts argued that the ADA was intended to protect only those he labeled “the truly disabled,” and that Congress intended the scope of its coverage to be narrow. In the hearing, he would say only that the ADA should be interpreted consistently with Congress’ intent.

Remedies for Rights Violation Endangered
Roberts Would Deny Protections to Medicaid Recipients
Rights of People with Disabilities Hang in the Balance

Act Today!

Call the Capitol switchboard, 202-224-3121. or visit www. congress.org and look up the Senators’ direct lines.

Senate Judiciary Committee

Arlen Specter (R-PA), Chair
Orrin Hatch (R-UT)
Charles Grassley (R-IA)
Jon Kyl (R-AZ)
Mike DeWine (R-OH)
Jeff Sessions (R-AL)
Lindsey Graham (R-SC)
John Cornyn (R-TX)
Sam Brownback (R-KS)
Tom Coburn (R-OK)
Patrick J. Leahy (D-VT), Ranking Member
Edward Kennedy (D-MA)
Joseph Biden (D-DE)
Herbert Kohl (D-WI)
Dianne Feinstein (D-CA)
Russ Feingold (D-WI)
Charles Schumer (D-NY)
Richard Durbin (D-IL)

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