[Congressional Record (Bound Edition), Volume 146 (2000), Part 1]
[Senate]
[Page 198]
[From the U.S. Government Publishing Office, www.gpo.gov]



                AMERICANS WITH DISABILITIES ACT DECISION

  Mr. THURMOND. Mr. President, I am pleased that the Supreme Court 
announced recently that it will decide whether state governments are 
bound by the Americans with Disabilities Act.
  The issue in the case, Dickson v. Florida, is whether the states are 
immune from suit under the ADA based on the Constitution's 11th 
Amendment immunity provision for states. The legal issues are quite 
similar to Kimel v. Florida Board of Regents, in which the Supreme 
Court held earlier this month that the states cannot be sued under the 
Age Discrimination in Employment Act.
  This case could be critical to a bill I have introduced, the State 
and Local Prison Relief Act. This legislation, S. 32, would exclude 
state prisoners from coverage under the ADA. The Dickson case 
underscores the need to accomplish the purpose of this bill. The 
Congress did not consider all of the potential consequences of enacting 
the ADA, and its implications on prisons is one of the best examples.
  The courts have always deferred to the states in the management of 
prisons. We do not need the federal courts second-guessing the states' 
decisions on how to best manage and control the volatile prison 
environment. This is especially true in the face of a statute that 
creates very specific legal rights for very broad classes of 
individuals.
  The Act is detrimental to the safe, orderly operation of state 
prisons. Moreover, at the very least, it gives prisoners more of an 
excuse to challenge authority by providing them more tools to bring 
frivolous lawsuits against state prisons.
  Dickson is a case of great significance. It provides the Supreme 
Court a unique opportunity to limit the reach of Federal power over 
state prisons and continue its recent affirmation of the power of the 
states in our constitutional scheme of government.
  Mr. President, I yield the floor. I note the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, it is my understanding we are in a period of 
morning business now.
  The PRESIDING OFFICER. That is correct.
  Mr. REID. I am going to be in control of the time under the control 
of the Democratic leader today.
  The PRESIDING OFFICER. Until 1 o'clock.

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