Media Advisory

NCD #00-300
August 15, 2000
Contact: Mark S. Quigley
202-272-2004
202-272-2074 TTY
mquigley@ncd.gov

National Council on Disability Files Supreme Court AMICUS Brief in Americans with Disabilities Act Case

WASHINGTON--The National Council on Disability (NCD) has filed an amicus curiae brief in support of respondents in the U.S. Supreme Court case of the University of Alabama v. Garrett (No. 99-1240), which will be heard on October 11.

This case calls into question the constitutionality of the Americans with Disabilities Act (ADA) and whether Congress had the constitutional authority under the Fourteenth Amendment to enact it. If the Court says Congress did not, individuals may no longer be able to enforce Titles I and II of ADA against the states. Moreover, a negative ruling could call into question altogether the constitutionality of Title II of ADA, as well as other disability rights statutes. The Court's opinion could potentially have a profound impact on the civil rights of all Americans for generations to come.

Specifically, the Court will decide whether state employees are protected by ADA. The case, which involves two state employees alleging disability-related job discrimination, will be decided in 2001.

The brief is available at http://www.ncd.gov/newsroom/publications/amicus_99-1240.html.

For more information, contact NCD general counsel and director of policy Jeff Rosen at jrosen@ncd.gov or 202-272-2004.