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CUSHING v. PACKARD

No. 21-1177.

30 F.4th 27 (2022)

Robert R. CUSHING, individually and in his capacity as the Minority Leader of the N.H. House of Representatives; David Cote; Katherine D. Rogers; Kendall Snow; Paul Berch; Diane Langley; Charlotte DiLorenzo; N.H. Democratic Party, Plaintiffs, Appellants, v. Sherman PACKARD, in his official capacity as Speaker of the House for the N.H. House of Representatives, Defendant, Appellee.

United States Court of Appeals, First Circuit.

March 25, 2022.

Attorney(s) appearing for the Case

Israel Piedra , with whom Welts, White & Fontaine, PC, William E. Christie , S. Amy Spencer , and Shaheen & Gordon, P.A. were on brief, for appellants.

Anthony J. Galdieri , Senior Assistant Attorney General for the State of New Hampshire, with whom Samuel R. V. Garland , Assistant Attorney General for the State of New Hampshire, and Jennifer S. Ramsey , Assistant Attorney General for the State of New Hampshire, were on brief, for appellee.

Katherine E. Lamm , Attorney, Civil Rights Division, United States Department of Justice, with whom Kristen Clarke , Assistant Attorney General, and Thomas E. Chandler , Attorney, Civil Rights Division, United States Department of Justice, were on brief, for the United States, amicus curiae.

Joshua L. Gordon was on brief for ABLE — New Hampshire and National Disability Rights Network, amici curiae.

Before Howard, Chief Judge, Lynch, Thompson, Kayatta, and Barron, Circuit Judges.

Opinion En Banc

Does either Title II of the Americans with Disabilities Act ("ADA") or § 504 of the Rehabilitation Act ("RHA") authorize a federal court to resolve a dispute among members of a state legislative body about whether votes on bills may...

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