About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

40 U. Tol. L. Rev. 819 (2009)
Ex Parte Young as a Tool to Enforce Safety-Net and Civil-Rights Statutes

handle is hein.journals/utol40 and id is 827 raw text is: ARTICLES EXPARTE YOUNG AS A TOOL TO ENFORCE SAFETY- NET AND CIVIL-RIGHTS STATUTES Rochelle Bobroff* I. INTRODUCTION T 0 this day, even the most conservative' Justices of the U.S. Supreme Court continue to champion the viability of Ex parte Young2 to provide prospective injunctive relief to enforce safety-net3 and civil-rights statutes.4 The pleadings of conservative scholars urging the Court to gut Ex parte Young have * Directing Attorney, Herbert Semmel Federal Rights Project, National Senior Citizens Law Center. I gratefully acknowledge comments from my colleagues Simon Lazarus and Harper Jean Tobin. Joshua Sear provided both helpful comments and excellent research assistance. Rebecca Sickenberger also contributed valuable research assistance. 1. In this article, I use the terms conservative and liberal simply to distinguish two groups of Justices who frequently voted together in safety-net and civil-rights cases. 2. 209 U.S. 123 (1908). 3. Safety-net statutes provide financial support, such as direct income payments, payment for medical care, or subsidies for housing, to people whose income is below specified eligibility criteria. These programs are funded by a combination of state and federal funds. See William P. Gunnar, The Fundamental Law that Shapes the United States Health Care System: Is Universal Health Care Realistic within the Established Paradigm, 15 ANNALS HEALTH L. 151, 174 (2006); Bert B. Lockwood, Jr., R. Collins Owens, III & Grace A. Severyn, Litigating State Constitutional Rights to Happiness and Safety: A Strategy for Ensuring the Provision of Basic Needs to the Poor, 2 WM. & MARY BILL RTS. J. 1, 3 n.3 (1993). 4. 1 use the term civil rights broadly, to include a wide range of laws that are protective of individual rights. I focus primarily on the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA). Because courts do not subject discrimination against older persons and people with disabilities to the heightened levels of scrutiny applicable to race and gender discrimination, individuals seeking recovery under federal statutes prohibiting discrimination based on age and disability have relied heavily on the Supreme Court's holding in Ex parte Young. Compare Kimel v. Fla. Bd. of Regents, 528 U.S. 62, 92 (2000) (holding that the ADEA is not a valid exercise of Congress's power under Section 5 of the Fourteenth Amendment and therefore cannot have the effect of abrogating state sovereign immunity), and Bd. of Trs. of Univ. of Ala. v. Garrett, 531 U.S. 356, 374 & n.9 (2001) (holding the ADA did not validly abrogate state immunity under the Fourteenth Amendment, but a person with disabilities may obtain injunctive relief under Ex parte Young), with Nev. Dep't of Human Res. v. Hibbs, 538 U.S. 721,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most