Opinion · Supreme Court of the United States
Barrick Gold Exploration, Inc. v. Hudson
516 U.S. 813
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1995-10-02
- Topic
- general
How later courts describe this case
- concluding, pr e-Olmstead, that 28 § 35.130(d) had the force of law
- requiring basic and ancillary services to be provided only in nursing home, rather than in recipient’s home
- “Congress could not have intended to limit the [ADA’s] protections and prohibitions to circumstances involving deliberate discrimination.... Rather, the ADA attempts to eliminate the effects of ... benign neglect, apathy, and indifference.”
- “[I]f Congress were only concerned with disparate treatment of the disabled as compared to their nondisabled counterparts,” then the ADA’s reference to the persistence of discrimination in institutionalization would constitute a “non sequitur”
- characterizing overall language in Tille II as “broad”
Citator
UpLaw has not yet analyzed Barrick Gold Exploration, Inc. v. Hudson. The absence of a flag is not a finding that it is good law.
- Cited by
- 70 opinions
C. A. 6th Cir. Certiorari denied.