So, Former Virginia Gov. McConnell and his wife were found guilty of criminal activity today. Jail time? Probably. Why I care? because when I was in law school, he filed a brief to have me disqualified as a student because I have migraines. Fortunately, the Supreme Court rejected McDonnell’s brief and declined to hear University of Puerto Rico v, Toledo, allowing the pro-disability rights decision by the First Circuit Court of Appeals to stand. Yet, this positive outcome should not obscure the disconcerting reality that McDonnell’s brief was submitted to the Supreme Court in effort to reverse a pro-disability rights decision in a recent Virginia case. Just a year before, the very conservative 4th Circuit had already rejected Virginia’s claim of state sovereign immunity in a case involving reasonable accommodations for a law student with disabilities, Carin Constantine, who suffered from an autoimmune condition and debilitating migraines at George Mason University Law School. In Carin Manders Constantine v Rectors and Visitors of George Mason University (2005), Judge Dennis Shedd, a staunch conservative, appointed by President George W Bush wrote a unanimous decision upholding Constantine’s right to have her day in court to hold GMU’s Law School accountable for complying with Title II of the ADA. Several other federal courts have issued similar decisions in higher education cases. See the Washington Post article about this case and a story in the George Mason legal newspaper, Docket . KARMA>
Posted on: Fri, 05 Sep 2014 06:41:40 +0000
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