In resolving the split, the Supreme Court said that in the past the high court has required a "clear statement" from Congress whenever such laws are meant to be applied outside US jurisdiction. But Justice Anthony Kennedy, writing for the majority justices, said that lacking such a clear statement they had no doubt that the foreign ships fall within the definitions covered by the ADA.Ah, the old "clear intent of Congress" rule. If they don't say anything, then it's clear what they intended to do? Scalia has it right in my opinion, humble as it is. There is danger is such extraterritorial expansionism, regardless of the motivation.
The required accommodations must be readily achievable and easily accomplished, Justice Kennedy said.
Justice Antonin Scalia disagreed. "I would hold that, since there is no clear statement of coverage, Title III [of the ADA] does not apply to foreign-flag cruise ships," he writes in a dissenting opinion joined by Chief Justice William Rehnquist and Justice Sandra Day O'Connor.
Tuesday, June 07, 2005
Disability requirements extended to foreign cruise ships - following a split between CIrcuit Courts on the ADA applicability, the Supremes weigh in: