Dellmuth v. Muth/Dissent Blackmun

by Harry Blackmun

Justice BLACKMUN, dissenting.

I join Justice BRENNAN's opinion because he correctly ascertains the unmistakable intent of Congress to subject state agencies to liability for tuition-reimbursement awards under the Education of the Handicapped Act, 20 U.S.C. § 1415(e)(2). See also School Committee of Burlington v. Department of Education of Massachusetts, 471 U.S. 359, 105 S.Ct. 1996, 85 L.Ed.2d 385 (1985). Indeed, as Justice BRENNAN convincingly demonstrates, this statute passes even the stringent test set forth in Atascadero State Hospital v. Scanlon, 473 U.S. 234, 105 S.Ct. 3142, 87 L.Ed.2d 171 (1985). It is only by resorting to a stricter standard yet that the Court is able to reach the result that it does here. Because the Court never should have started down this road, it certainly should not take today's additional step.

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