The U.S. Court of Appealsfor the Second Circuit has joined four other federal circuits in rulingthat Congress, when it passed the Americans with Disabilities Act, didnot exceed its power by abrogating state immunity under the Eleventh Amendment.

In a case of first impressionin the Second Circuit, a united three-judge panel in Muller v. Costello,98-7491, found that “the anti-discrimination provisions of the ADA providea narrowly tailored and reasonable response to the problem of discriminationagainst people with disabilities.”

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