Legal Opinion
Laro v. New Hampshire
Court of Appeals for the First Circuit
Decided August 6, 2001No. 00-1581PublishedCited by 119 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
This case requires us to address the scope of congressional power under Section 5 of the Fourteenth Amendment to abrogate the immunity of the states from suit in federal court which the states would otherwise enjoy under the Eleventh Amendment and Supreme Court precedent. At issue is whether the creation of a private cause of action against a state for money damages under the personal medical leave provision of the Family and Medical Leave Act, 29 U.S.C. § 2612(a)(1)(D), validly abrogates that immunity as an exercise of Congress’s Section 5 powers.
Following the analytic…
2Cases cited27 opinions
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- Gibbons v. OgdenSupreme Court of the United States · 1824
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- City of Boerne v. FloresSupreme Court of the United States · 1997
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3Cited by119 opinions
- Coleman v. Maryland Court of AppealsCourt of Appeals for the Fourth Circuit · 2010
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- William Hibbs, United States of America, Intervenor v. Department of Human Resources Charlotte Crawford Nikki FirpoCourt of Appeals for the Ninth Circuit · 2001
- Brockman v. Wyoming Department of Family ServicesCourt of Appeals for the Tenth Circuit · 2003
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