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.