Roberts court hears its first case in federalism debate

The Supreme Court heard oral arguments yesterday about whether states should have to pay damages if they fail to accommodate disabled prison inmates, hearing from a paraplegic Georgia prisoner who alleges his maximum-security cell is so small he is unable to turn his wheelchair or use the toilet.

The case is one of the most important states' rights case facing the court this year and will further define how the disabilities act is applied throughout the nation. The Bush administration is backing Goodman, arguing for a broad application of the disabilities law, saying that disabled prisoners should be able to sue for poor conditions and that altering prisons for a small number of disabled inmates would not be expensive

The court has ruled that Congress may subject the states to damage suits as a remedy for discrimination only when there is a substantial record of state bias, and only when the suits are "a congruent and proportional" remedy for it.

Applying these rules, the court ruled 5 to 4 in 2001 that disabled workers alleging job discrimination could not sue state employers for damages under the disabilities act's employment provisions.

But last year, the court ruled 5 to 4 that states could be sued for damages under a different section of the law that protects equal access to courthouses. The majority in the case considered getting into the halls of justice such a fundamental issue that Congress could subject the states to suit for failing to ensure entry for the handicapped.

The "flip side" of that difference, said Samuel R. Bagenstos, a professor of law at Washington University in St. Louis who was representing Goodman, is that the state has "an affirmative duty" to treat prisoners properly.

"The deterrent effect of damages is very important" to ensure that, he said.

•	Roberts Court Hears Its First Case in Federalism Debate New York Times, Thursday, Nov. 10, 2005 Byline: Linda Greenhouse

•	Court Hears Paraplegic Inmate's Case Washington Post, Thursday, Nov. 10, 2005 Byline: Charles Lane, Washington Post Staff Writer