Whether the Air Carrier Access Act creates an implied private right of action for individuals with disabilities against air carriers

1) Whether the Air Carrier Access Act, 49 U.S.C. § 41705 — which provides that “an air carrier may not discriminate ” against qualified individuals with disabilities — creates an implied private right of action, where the lower courts have uniformly held otherwise by misreading this Court ’s decision in Alexander v. Sandoval, 532 U.S. 275 (2001), and disregarding Cannon v. University of Chicago, 441 U.S. 677 (1979). 2) Whether it is consistent with congressional intent and constitutional principles of access to justice for courts to hold that the Air Carrier Access Act both (a) provides no private or judicial remedy and (b) preempts all state and common-law causes of action, thereby leaving individuals with no enforceable right at all. 1