The Supreme Court has granted certiorari in Abrahms v. City of Rancho Palos Verdes, 354 F.3d 1094 (9th Cir. 2004), which held that the Telecommunications Act (TCA) did not include a comprehensive remedial scheme that evidenced Congressional intent to foreclose remedies under 42 U.S.C. ยง 1983. The Ninth Circuit further held that the TCA's savings clause showed that Congress did not intend to foreclose remedies outside the TCA. The Court could use this case as a vehicle to begin cutting back on the "comprehensive" in "comprehensive remedial scheme," to further weaken the effect of savings clauses, and to make it easier to find an implied congressional intent to foreclose recourse to section 1983. Thanks to Lauren Saunders, of National Senior Citizens Law Center for this summary.
The Supreme Court has granted certiorari in Abrahms v. City of Rancho Palos Verdes, 354 F.3d 1094 (9th Cir. 2004), which held that the Telecommunications Act (TCA) did not include a comprehensive remedial scheme that evidenced Congressional intent to foreclose remedies under 42 U.S.C. ยง 1983. The Ninth Circuit further held that the TCA's savings clause showed that Congress did not intend to foreclose remedies outside the TCA. The Court could use this case as a vehicle to begin cutting back on the "comprehensive" in "comprehensive remedial scheme," to further weaken the effect of savings clauses, and to make it easier to find an implied congressional intent to foreclose recourse to section 1983. Thanks to Lauren Saunders, of National Senior Citizens Law Center for this summary.