Duke Law School

Program in Public Law

Medical Board v. Hason

Dr. Michael Hason, MD, filed suit against the California Medical Board alleging discrimination in violation of the Americans with Disabilities Act. The Medical Board had denied Hason’s application to practice medicine for reasons of Hason’s mental illness. The district court dismissed the action. The court of appeals reversed, holding in relevant part that Congress validly abrogated state sovereign immunity in enacting Title II of the ADA and that the Eleventh Amendment did not bar Hason’s suit against the Medical Board.

Question Presented:
Does the Eleventh Amendment bar suit under Title II of the ADA against the California Medical Board for denial of a medical license based on the applicant's mental illness?

Decision under Review

Supreme Court Opinion (case dismissed)