What, if anything, can members of Congress do if they strongly disagree with a decision of...

What, if anything, can members of Congress do if they strongly disagree with a decision of the U.S. Supreme Court?

Expert Solution

Congress the reverse the Supreme Court's decision on attorney's fees by merely amending the civil rights law to provide that a litigant is considered a winning party entitled to compensation where the case "was a significant factor" in the government's remedial action and the complaint brought by the plaintiff had a "significant basis in fact and law."

Legislation may also make amends to the Sandoval statute. Congress should amend Title VI to provide that "any person grieved by the violation of any regulations imposed pursuant to that act can bring a civil case before an appropriate federal court. Such actions could include suits challenging any discriminatory activity or policy that would be deemed unlawful if it had a disproportionate effect on persons protected by that section."

If a state were to receive federal funding under various social welfare rules, it would have to adhere to U.S. anti-discrimination legislation and waive its immunity from being sued by its federal court employees. Indeed, the Civil Rights Remedy Equalization Amendment of 1986 expressly stated that Congress planned for states to waive their 11th Amendment protection to obtain federal financial assistance.

Rahul Sunny answered 2 years ago

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