Download This PaperEnforcing the Fourteenth Amendment: City of Boerne v. Flores and the Americans with Disabilities Act
22 MENTAL & PHYSICAL DISABILITIES LAW REPORTER 262 (1997)
4 Pages Posted: 3 Nov 2012 Last revised: 10 Dec 2014
Date Written: March 23, 1997
Abstract
The Supreme Court's ruling in Boerne raised questions about whether the Americans with Disabilities Act (ADA) and other anti-discrimination statutes are valid exercises of Congress' Section 5 enforcement authority. This essay provides an overview of the Court's holding in Boerne and rebuts arguments, derived from that case, which most threaten the ADA.
Keywords: Americans with Disabilities Act, ADA, anti-discrimination
Suggested Citation: Suggested Citation
Mikochik, Stephen L. and Mikochik, Stephen L., Enforcing the Fourteenth Amendment: City of Boerne v. Flores and the Americans with Disabilities Act (March 23, 1997). 22 MENTAL & PHYSICAL DISABILITIES LAW REPORTER 262 (1997), Available at SSRN: https://ssrn.com/abstract=2115935
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