Supreme Court Justice (nominated by Pres. George W. Bush 2005)
Disabled people can sue government for discrimination
In the July 2004 decision Barbour v. Washington Metropolitan Area Transit Authority (WMATA), Roberts joined Merrick Garland -- a Clinton appointee --
in deciding that sovereign immunity did not bar a D.C employee with bipolar disorder from suing the transit agency under federal laws barring discrimination against the disabled. Conservative Sentelle dissented.
Source: Tony Mauro, Legal Times
Feb 22, 2005
Ok to extend time limit to sue for lawyer's malpractice
Roberts wrote the court's opinion in BOW JUNG v. MUNDY, HOLT & MANCE, P.C.
Bow Jung sued his own attorneys, and the district court granted summary judgment for the attorneys, because Bow Jung-after learning of the conflict of interest-waited beyond
the three-year limitations period for malpractice actions before filing suit.
Mother Jung died in Jan. 1995 survived by Bow Jung and May Jung. May's husband Robinson worked as a law clerk, and drafted multiple versions of Mother Jung's will,
[including naming Bow as her son and as heir]. but Mother Jung never signed the will and died intestate.
In Aug. 1995, May challenged her brother's heirship [because he had no birth certificate from his birthplace in China]. That dispute finally
ended in Dec. 1999, when DNA testing of Mother Jung's exhumed body proved Bow was her natural son.
We reverse the district court [and find in favor of Bow Jung on grounds that the ongoing legal action extended beyond the three-year period].
Source: FindLaw case 03-7092, US Court of Appeals, DC Circuit
Jun 25, 2004
The Federal Government enjoys sovereign immunity
We do have a Federal System, that States have powers and responsibilities, and the Federal Government does as well. Certainly, under the Supremacy Clause, the legislation that you enact is the supreme law of the land, consistent with the Constitution.
There is no sovereign immunity clause in the Constitution. On the other hand, the court's cases have been fairly consistent that the Federal Government enjoys sovereign immunity. This body has done much over the years to waive that-the Federal Tort
Claims Act, a whole variety of things. But that basic recognition of Federal sovereign immunity has always held firm, and I think it is hard to explain to State Government why do they have it and we don't, and if we had it at the time of the founding,
when did we give it up? The Supreme Court has given some answers. Well, part of it you gave up in the 14th Amendment, in Section 5. But I do appreciate that it is a difficult area because you're not dealing with a textual provision in the Constitution.
Source: Hearing before the Judiciary Committee of the US Senate
Jan 29, 2003
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