The ELPAC Report January 2003


 

Court Rejects EO 13166 Lawsuit

On August 16, U.S. Judge Leonie Brinkema dismissed the lawsuit against Executive Order 13166 which had been brought by the English-language group ProEnglish. The Executive Order requires all government contractors and agencies to provide free translators upon demand.

ProEnglish and several physicians sued to block the rules, saying that they were unconstitutional and illegal. ProEnglish pointed to 30 years' worth of federal court cases rejecting the heart of the new rules: a belief that a person's language was the same as the person's national origin, meaning that failing to provide translators would violate federal laws against national origin discrimination.

Judge Brinkema dismissed the suit as premature, saying that the federal defendants should be given more time to revise and refine the new rules. ProEnglish has appealed the dismissal to the U.S. Court of Appeals in Richmond, Virginia, arguing that the new rules are so wrong, that they should not be allowed to go forward at all.

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