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Showing posts with the label Americans with Disabilities Act

Concluding a discussion of the Supreme Court's term: Not sooo Trumpy issues

Two fascinating cases this year involved interpretations of the Americans with Disabilities Act. In both cases the Court leaves the statutory scheme roughly as the Court found it -- which is presumably the goal in addressing such cases, at least when the statute's legitimacy isn't itself the point. In another two cases this year the Court interpreted gun maker liability. They denied such liability in the one case and refused an invitation to deny it in the other.   I'll also have something to say about a quick journey from terrorism to civil procedure, and about the scope of environmental review, before offering a concluding thought. Interpreting the disabilities act   On June 20th the Court handed down its decision in Stanley v. City of Sanford, allowing what one might naively have considered "discrimination" against a disabled retiree firefighter  in the the rejuggling of a pension plan. `   The "Sanford" involved is in Florida, a short drive north fro...

Beginning a Discussion of the Supreme Court's Term

  Welcome. It is that time of year again: time for this blog's four-part discussion of the just-concluded US Supreme Court session.  As has been my habit, there will be four parts to this. Today, I will focus on one outstanding case, after some introductory observations. Tomorrow, I will look to developments this year in the jurisprudence of capital punishment.  Thursday, we will discuss what I think of as quintessentially Trump-era cases and controversies. These include tariffs and the founders' reservation of the "power of the purse" to the legislature. The Trump-distinctive posting will also address the Alien Enemies Act and the way it has been brought out of a deep archive to remake immigration policy.  Finally, Friday, we will get to some evergreen controversies such as specific interpretations/applications of the Americans With Disabilities Act and efforts at imposing civil liability on gun manufacturers. I will also address Blom Bank , an anti-terrorism case t...