Southern district of alabama southern division


III TITLE I OF THE ADA IS A VALID EXERCISE OF CONGRESS' POWER TO REGULATE COMMERCE



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III TITLE I OF THE ADA IS A VALID EXERCISE OF CONGRESS' POWER TO REGULATE COMMERCE
In enacting Title I, Congress also invoked its authority under the Commerce Clause. 42 U.S.C. § 12101(b)(4). Because Title I's coverage of State and local governments falls well within Congress' power to enforce the Fourteenth Amendment, it is unnecessary for this Court to address the question of whether Title I is also a constitutional exercise of Congress' power to regulate commerce. Cf. E.E.O.C. v. Wyoming, 460 U.S. 226, 243 (1983). The Supreme Court, however, has held that the Commerce Clause affords Congress independent authority to prohibit discriminatory conduct by public employers. Wyoming, 460 U.S. at 243 (application of ADEA to State and local government employers is valid exercise of Congress' commerce powers and does not violate Tenth Amendment; no need to determine whether ADEA is also valid exercise of Congress' Section 5 powers).20




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