City Council Agenda and Packet 1978 02 21

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• . . • .. • UNIVERSITY OF DENVER Mirdependen 200 West L4th Avenue,Denver,Colorado 81204 College of 4a%. February 1S, 1978 Bruce Joss, Cty. Atty. City of Louisville P.O. Box 5S Louisville, CO 80027 Dear Mr. Joss: I was pleased to learn that you and a few other Colorado cities and countries are along the plaintiffs in County of Los Angeles, et al. v. Marshall, et a1., the suit filed in December in the District of Columbia federal court challenging the forced extension of unemployment compensation coverage to state and local government employees. Charles S. Rhyne, Esq., of Washington, D.C., General Counsel to the National Institute of Municipal Law Officers, has retained as as a consultant to assist with this case. As you know, the issues posed present a major test of principles of federslisr, the kind of issues treated in my book, "Constitutional Power-Federal and State, In a Nutshell" (Nest Publishing Co. 1974). Although the legal principles are subtle, properly understood the case should be controlled by the 1976 landmark Supreme Court decision in National League of Cities v. Usery. It was my pleasure to serve Mr. Rhyne as a consultant in that case as well, and to have my arguments presented as the amicus curiae brief filed on behalf of the National Associstion of Countries and National Association of County Civil Attorneys. This letter is to compliment you on your recognition of the importance of this case and your participation in it. The reper- cussions of this case, whether it is won or lost, are likely to be profound. If procedural obstacles do not prevent resolution of the substantive issues at stake, it may be the most significant federalism case decided at least in the fifteen years that I have worked in the field of Constitutional Law. 2--- -"%csS;lan-C10 David E. Engdahl Visiting Professor of Law DEE/nk THE UNIVERSITY OF DENVER IS*A AFFUZ.%LATh.'E ACTION INSTITUTION