tennessee
lane
et
argued
january
decided
may
respondent
paraplegics
filed
action
damages
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relief
alleging
tennessee
number
counties
denied
physical
access
state
courts
violation
title
ii
americans
disabilities
act
ada
provides
qualified
individual
disability
shall
reason
disability
excluded
participation
denied
benefits
services
programs
activities
public
entity
district
denied
state
motion
dismiss
eleventh
amendment
immunity
grounds
sixth
circuit
held
appeal
abeyance
pending
board
trustees
univ
garrett
later
ruled
garrett
eleventh
amendment
bars
private
money
damages
actions
state
violations
ada
title
prohibits
employment
discrimination
disabled
en
banc
sixth
circuit
issued
popovich
decision
interpreted
garrett
bar
private
ada
suits
based
equal
protection
principles
relying
due
process
therefore
permitted
title
ii
damages
action
proceed
despite
state
immunity
claim
thereafter
sixth
circuit
panel
affirmed
dismissal
denial
case
explaining
respondents
claims
barred
based
due
process
principles
response
rehearing
petition
arguing
popovich
control
respondents
complaint
allege
due
process
violations
panel
filed
amended
opinion
explaining
due
process
protects
right
access
courts
evidence
congress
enacted
title
ii
established
inter
alia
physical
barriers
courthouses
courtrooms
effect
denying
disabled
people
opportunity
access
held
applies
class
cases
implicating
fundamental
right
access
courts
title
ii
constitutes
valid
exercise
congress
authority
fourteenth
amendment
enforce
amendment
substantive
guarantees
pp
determining
whether
congress
constitutionally
abrogated
state
eleventh
amendment
immunity
requires
resolution
two
predicate
questions
whether
congress
unequivocally
expressed
intent
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whether
acted
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grant
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authority
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florida
bd
regents
first
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easily
answered
since
ada
specifically
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see
regard
second
question
congress
abrogate
state
sovereign
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pursuant
valid
exercise
power
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amendment
fitzpatrick
bitzer
power
however
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congress
must
wide
berth
devising
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measures
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actions
measures
may
work
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change
governing
law
city
boerne
flores
boerne
set
forth
test
distinguishing
permissible
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legislation
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redefinition
section
legislation
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garrett
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amendment
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view
significant
differences
titles
ii
however
garrett
left
open
question
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title
ii
valid
exercise
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power
pp
title
ii
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power
pp
boerne
inquiry
first
step
requires
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title
ii
garrett
whether
title
ii
validly
enforces
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rights
question
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judged
reference
historical
experience
reflects
south
carolina
katzenbach
congress
enacted
title
ii
backdrop
pervasive
unequal
treatment
persons
disabilities
administration
state
services
programs
including
systematic
deprivations
fundamental
rights
historical
experience
title
ii
reflects
also
documented
decisions
courts
identified
unconstitutional
treatment
disabled
persons
state
agencies
variety
public
programs
services
respect
particular
services
issue
congress
learned
many
individuals
many
excluded
courthouses
proceedings
reason
disabilities
civil
rights
commission
report
congress
showed
public
services
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housed
buildings
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congress
also
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testimony
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courthouses
appointed
task
force
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examples
exclusion
state
judicial
services
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including
failure
make
courtrooms
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witnesses
physical
disabilities
sheer
volume
evidence
far
exceeds
record
last
term
nevada
dept
human
resources
hibbs
approved
leave
provision
family
medical
leave
act
valid
legislation
congress
finding
ada
discrimination
individuals
disabilities
persists
critical
areas
access
public
services
together
extensive
record
disability
discrimination
underlies
makes
clear
inadequate
provision
public
services
access
public
facilities
appropriate
subject
prophylactic
legislation
pp
title
ii
appropriate
response
history
pattern
unequal
treatment
unquestionably
valid
legislation
applies
class
cases
implicating
accessibility
judicial
services
congress
chosen
remedy
pattern
exclusion
discrimination
issue
title
ii
requirement
program
accessibility
congruent
proportional
object
enforcing
right
access
courts
long
history
unequal
treatment
disabled
persons
administration
judicial
services
persisted
despite
several
state
federal
legislative
efforts
remedy
problem
faced
considerable
evidence
shortcomings
previous
efforts
congress
justified
concluding
difficult
intractable
problem
disability
discrimination
warranted
added
prophylactic
measures
hibbs
gideon
wainwright
make
clear
ordinary
considerations
cost
convenience
alone
justify
state
failure
provide
individuals
meaningful
right
access
courts
judged
backdrop
title
ii
affirmative
obligation
accommodate
reasonable
prophylactic
measure
reasonably
targeted
legitimate
end
pp
affirmed
stevens
delivered
opinion
souter
ginsburg
breyer
joined
souter
filed
concurring
opinion
ginsburg
joined
ginsburg
filed
concurring
opinion
souter
breyer
joined
rehnquist
filed
dissenting
opinion
kennedy
thomas
joined
scalia
thomas
filed
dissenting
opinions
tennessee
petitioner
george
lane
et
al
writ
certiorari
appeals
sixth
circuit
may
justice
stevens
delivered
opinion
title
ii
americans
disabilities
act
ada
act
stat
provides
qualified
individual
disability
shall
reason
disability
excluded
participation
denied
benefits
services
programs
activities
public
entity
subjected
discrimination
entity
question
presented
case
whether
title
ii
exceeds
congress
power
fourteenth
amendment
august
respondents
george
lane
beverly
jones
filed
action
state
tennessee
number
tennessee
counties
alleging
past
ongoing
violations
title
ii
respondents
paraplegics
use
wheelchairs
mobility
claimed
denied
access
services
state
system
reason
disabilities
lane
alleged
compelled
appear
answer
set
criminal
charges
second
floor
county
courthouse
elevator
first
appearance
lane
crawled
two
flights
stairs
get
courtroom
lane
returned
courthouse
hearing
refused
crawl
carried
officers
courtroom
consequently
arrested
jailed
failure
appear
jones
certified
reporter
alleged
able
gain
access
number
county
courthouses
result
lost
work
opportunity
participate
judicial
process
respondents
sought
damages
equitable
relief
state
moved
dismiss
suit
ground
barred
eleventh
amendment
district
denied
motion
without
opinion
state
intervened
defend
title
ii
abrogation
eleventh
amendment
immunity
april
appeal
briefed
argued
appeals
sixth
circuit
entered
order
holding
case
abeyance
pending
decision
board
trustees
univ
garrett
garrett
concluded
eleventh
amendment
bars
private
suits
seeking
money
damages
state
violations
title
ada
left
open
however
question
whether
eleventh
amendment
permits
suits
money
damages
title
ii
following
garrett
decision
appeals
sitting
en
banc
heard
argument
title
ii
suit
brought
litigant
sought
money
damages
state
failure
accommodate
disability
child
custody
proceeding
popovich
cuyahoga
county
divided
permitted
suit
proceed
despite
state
assertion
eleventh
amendment
immunity
majority
interpreted
garrett
bar
private
ada
suits
based
equal
protection
principles
rely
due
process
principles
minority
concluded
congress
validly
abrogated
eleventh
amendment
immunity
title
ii
claims
concurring
opinion
concluded
title
ii
validly
abrogated
state
sovereign
immunity
respect
equal
protection
due
process
claims
following
en
banc
decision
popovich
panel
appeals
entered
order
affirming
district
denial
state
motion
dismiss
case
judgt
order
reported
fed
appx
order
explained
respondents
claims
barred
based
due
process
principles
response
petition
rehearing
arguing
popovich
controlling
complaint
allege
due
process
violations
panel
filed
amended
opinion
explained
due
process
clause
protects
right
access
courts
evidence
congress
enacted
title
ii
established
physical
barriers
government
buildings
including
courthouses
courtrooms
effect
denying
disabled
people
opportunity
access
vital
services
exercise
fundamental
rights
guaranteed
due
process
clause
moreover
record
demonstrated
public
entities
failure
accommodate
needs
qualified
persons
disabilities
may
result
directly
unconstitutional
animus
impermissible
stereotypes
panel
however
categorically
reject
state
submission
instead
noted
case
presented
difficult
questions
clarified
absent
factual
record
remanded
proceedings
ibid
granted
certiorari
affirm
ii
ada
passed
large
majorities
houses
congress
decades
deliberation
investigation
need
comprehensive
legislation
address
discrimination
persons
disabilities
years
immediately
preceding
ada
enactment
congress
held
hearings
created
special
task
force
gathered
evidence
every
state
union
conclusions
congress
drew
evidence
set
forth
task
force
committee
reports
described
lengthy
legislative
hearings
summarized
preamble
central
among
conclusions
congress
finding
individuals
disabilities
discrete
insular
minority
faced
restrictions
limitations
subjected
history
purposeful
unequal
treatment
relegated
position
political
powerlessness
society
based
characteristics
beyond
control
individuals
resulting
stereotypic
assumptions
truly
indicative
individual
ability
individuals
participate
contribute
society
invoking
sweep
congressional
authority
including
power
enforce
fourteenth
amendment
regulate
commerce
ada
designed
provide
clear
comprehensive
national
mandate
elimination
discrimination
individuals
disabilities
forbids
discrimination
persons
disabilities
three
major
areas
public
life
employment
covered
title
statute
public
services
programs
activities
subject
title
ii
public
accommodations
covered
title
iii
title
ii
prohibits
public
entity
discriminating
qualified
persons
disabilities
provision
operation
public
services
programs
activities
act
defines
term
public
entity
include
state
local
governments
well
agencies
instrumentalities
persons
disabilities
qualified
without
reasonable
modifications
rules
policies
practices
removal
architectural
communication
transportation
barriers
provision
auxiliary
aids
services
mee
essential
eligibility
requirements
receipt
services
participation
programs
activities
provided
public
entity
title
ii
enforcement
provision
incorporates
reference
rehabilitation
act
stat
added
authorizes
private
citizens
bring
suits
money
damages
iii
eleventh
amendment
renders
immune
suit
law
equity
commenced
prosecuted
citizens
another
state
citizens
subjects
foreign
state
even
though
amendment
terms
applies
suits
state
citizens
another
state
cases
repeatedly
held
immunity
also
applies
unconsented
suits
brought
state
citizens
garrett
cases
also
held
congress
may
abrogate
state
eleventh
amendment
immunity
determine
whether
done
given
case
must
resolve
two
predicate
questions
first
whether
congress
unequivocally
expressed
intent
abrogate
immunity
second
whether
congress
acted
pursuant
valid
grant
constitutional
authority
first
question
easily
answered
case
act
specifically
provides
state
shall
immune
eleventh
amendment
constitution
action
federal
state
competent
jurisdiction
violation
chapter
garrett
see
party
disputes
adequacy
expression
congress
intent
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eleventh
amendment
immunity
question
whether
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power
give
effect
intent
fitzpatrick
bitzer
held
congress
abrogate
state
sovereign
immunity
pursuant
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exercise
power
fourteenth
amendment
enforce
substantive
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amendment
enforcement
power
often
acknowledged
broad
power
indeed
mississippi
univ
women
hogan
citing
ex
parte
virginia
includes
authority
remedy
deter
violation
rights
guaranteed
fourteenth
amendment
prohibiting
somewhat
broader
swath
conduct
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amendment
text
kimel
see
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city
boerne
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recent
affirmation
breadth
congress
power
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hibbs
considered
whether
male
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employee
recover
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state
failure
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leave
provision
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medical
leave
act
fmla
stat
et
seq
upheld
fmla
valid
exercise
congress
power
combat
unconstitutional
sex
discrimination
even
though
suggestion
state
leave
policy
adopted
applied
discriminatory
purpose
render
unconstitutional
rule
personnel
administrator
mass
feeney
congress
seeks
remedy
prevent
unconstitutional
discrimination
authorizes
enact
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intent
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power
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wide
berth
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line
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substantive
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wide
latitude
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confirmed
distinction
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observed
set
forth
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legislation
valid
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boerne
held
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employment
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purpose
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smith
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college
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clarify
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suits
florida
prepaid
finding
age
discrimination
employment
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exceeded
congress
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boerne
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applying
boerne
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garrett
concluded
title
ada
valid
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enforce
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prepaid
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congress
exercise
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unsupported
relevant
history
pattern
constitutional
violations
although
dissent
pointed
congress
great
deal
evidence
discrimination
persons
disabilities
breyer
dissenting
opinion
noted
overwhelming
majority
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related
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services
public
accommodations
areas
addressed
titles
ii
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rather
title
also
noted
neither
ada
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legislative
history
reflected
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pattern
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emphasized
house
senate
committee
reports
ada
focused
employment
private
sector
made
mention
discrimination
public
employment
quoting
pt
emphasis
garrett
finally
concluded
title
broad
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insufficiently
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taken
together
historical
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rewrite
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view
significant
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ii
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garrett
left
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title
ii
valid
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iv
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step
boerne
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requires
us
identify
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right
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congress
sought
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enacted
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ii
garrett
observed
classifications
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disability
violate
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command
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rational
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legitimate
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garrett
citing
cleburne
title
ii
like
title
seeks
enforce
prohibition
irrational
disability
discrimination
also
seeks
enforce
variety
basic
constitutional
guarantees
infringements
subject
searching
judicial
review
see
dunn
blumstein
shapiro
thompson
skinner
oklahoma
ex
rel
williamson
rights
include
like
right
access
courts
issue
case
protected
due
process
clause
fourteenth
amendment
due
process
clause
confrontation
clause
sixth
amendment
applied
via
fourteenth
amendment
guarantee
criminal
defendant
respondent
lane
right
present
stages
trial
absence
might
frustrate
fairness
proceedings
faretta
california
due
process
clause
also
requires
afford
certain
civil
litigants
meaningful
opportunity
heard
removing
obstacles
full
participation
judicial
proceedings
boddie
connecticut
held
sixth
amendment
guarantees
criminal
defendants
right
trial
jury
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fair
cross
section
community
noting
exclusion
identifiable
segments
playing
major
roles
community
squared
constitutional
concept
jury
trial
taylor
louisiana
finally
recognized
members
public
right
access
criminal
proceedings
secured
first
amendment
superior
county
riverside
whether
title
ii
validly
enforces
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rights
question
must
judged
reference
historical
experience
reflects
south
carolina
katzenbach
see
also
florida
prepaid
boerne
authorizes
congress
enact
reasonably
prophylactic
remedial
legislation
appropriateness
remedy
depends
gravity
harm
seeks
prevent
difficult
intractable
problems
often
require
powerful
remedies
kimel
also
true
trong
measures
appropriate
address
one
harm
may
unwarranted
response
another
lesser
one
boerne
difficult
perceive
harm
title
ii
designed
address
congress
enacted
title
ii
backdrop
pervasive
unequal
treatment
administration
state
services
programs
including
systematic
deprivations
fundamental
rights
example
categorically
disqualified
voting
without
regard
individual
capacity
majority
laws
remain
subject
legal
challenge
recently
similarly
number
prohibited
continue
prohibit
persons
disabilities
engaging
activities
serving
historical
experience
title
ii
reflects
also
documented
cases
identified
unconstitutional
treatment
disabled
persons
state
agencies
variety
settings
including
unjustified
commitment
jackson
indiana
abuse
neglect
persons
committed
state
mental
health
hospitals
youngberg
romeo
irrational
discrimination
zoning
decisions
cleburne
cleburne
living
center
decisions
courts
document
pattern
unequal
treatment
tration
wide
range
public
services
programs
activities
including
penal
public
notably
decisions
also
demonstrate
pattern
unconstitutional
treatment
administration
pattern
disability
discrimination
persisted
despite
several
federal
state
legislative
efforts
address
deliberations
led
enactment
ada
congress
identified
important
shortcomings
existing
laws
rendered
inadequate
address
pervasive
problems
discrimination
people
disabilities
facing
see
also
pt
also
uncovered
evidence
shortcomings
form
hundreds
examples
unequal
treatment
persons
disabilities
political
subdivisions
see
garrett
breyer
dissenting
see
also
app
opinion
breyer
dissenting
opinion
garrett
observed
overwhelming
majority
examples
concerned
discrimination
administration
public
programs
services
government
lodging
garrett
available
clerk
case
file
respect
particular
services
issue
case
congress
learned
many
individuals
many
across
country
excluded
courthouses
proceedings
reason
disabilities
report
congress
showed
public
services
programs
housed
buildings
inaccessible
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persons
disabilities
even
taking
account
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programs
might
restructured
relocated
parts
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rights
commission
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spectrum
individual
abilities
congress
heard
testimony
persons
disabilities
described
physical
inaccessibility
local
courthouses
oversight
hearing
house
subcommittee
select
education
committee
education
labor
appointed
task
force
heard
numerous
examples
exclusion
persons
disabilities
state
judicial
services
programs
including
exclusion
persons
visual
impairments
hearing
impairments
jury
service
failure
state
local
governments
provide
interpretive
services
hearing
impaired
failure
permit
testimony
adults
developmental
disabilities
abuse
cases
failure
make
courtrooms
accessible
witnesses
physical
disabilities
government
lodging
garrett
see
also
task
force
rights
empowerment
americans
disabilities
ada
empowerment
given
sheer
volume
evidence
demonstrating
nature
extent
unconstitutional
discrimination
persons
disabilities
provision
public
services
dissent
contention
record
insufficient
justify
congress
exercise
prophylactic
power
puzzling
say
least
last
term
hibbs
approved
leave
provision
fmla
valid
legislation
based
primarily
evidence
disparate
provision
parenting
leave
little
concerned
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fmla
targeted
classifications
subject
heightened
standard
judicial
scrutiny
easier
congress
show
pattern
state
constitutional
violations
garrett
kimel
concerned
legislation
targeted
classifications
subject
review
title
ii
aimed
enforcement
variety
basic
rights
including
right
access
courts
issue
case
call
standard
judicial
review
least
searching
cases
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applies
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record
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case
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judicial
findings
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state
action
statistical
legislative
anecdotal
evidence
widespread
exclusion
persons
disabilities
enjoyment
public
services
far
exceeds
record
hibbs
conclusion
congress
drew
body
evidence
set
forth
text
ada
iscrimination
individuals
disabilities
persists
critical
areas
education
transportation
communication
recreation
institutionalization
health
services
voting
access
public
services
emphasis
added
finding
together
extensive
record
disability
discrimination
underlies
makes
clear
beyond
peradventure
inadequate
provision
public
services
access
public
facilities
appropriate
subject
prophylactic
legislation
question
remains
whether
title
ii
appropriate
response
history
pattern
unequal
treatment
outset
must
determine
scope
inquiry
title
ii
unlike
rfra
patent
remedy
act
statutes
reviewed
validity
reaches
wide
array
official
conduct
effort
enforce
equally
wide
array
constitutional
guarantees
petitioner
urges
us
examine
broad
range
title
ii
applications
treat
breadth
mark
law
invalidity
according
petitioner
fact
title
ii
applies
public
education
access
also
seating
hockey
rinks
indicates
title
ii
appropriately
tailored
serve
objectives
nothing
case
law
requires
us
consider
title
ii
wide
variety
applications
undifferentiated
whatever
might
said
title
ii
applications
question
presented
case
whether
congress
validly
subject
private
suits
money
damages
failing
provide
reasonable
access
hockey
rinks
even
voting
booths
whether
congress
power
enforce
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right
access
courts
find
title
ii
unquestionably
valid
legislation
applies
class
cases
implicating
accessibility
judicial
services
need
go
see
raines
congress
chosen
remedy
pattern
exclusion
discrimination
described
title
ii
requirement
program
accessibility
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object
enforcing
right
access
courts
unequal
treatment
disabled
persons
administration
judicial
services
long
history
persisted
despite
several
legislative
efforts
remedy
problem
disability
discrimination
faced
considerable
evidence
shortcomings
previous
legislative
responses
congress
justified
concluding
difficult
intractable
proble
warranted
added
prophylactic
measures
response
hibbs
internal
quotation
marks
omitted
remedy
congress
chose
nevertheless
limited
one
recognizing
failure
accommodate
persons
disabilities
often
practical
effect
outright
exclusion
congress
required
take
reasonable
measures
remove
architectural
barriers
accessibility
title
ii
require
employ
means
make
judicial
services
accessible
persons
disabilities
require
compromise
essential
eligibility
criteria
public
programs
requires
reasonable
modifications
fundamentally
alter
nature
service
provided
individual
seeking
modification
otherwise
eligible
service
ibid
title
ii
implementing
regulations
make
clear
reasonable
modification
requirement
satisfied
number
ways
case
facilities
built
altered
regulations
require
compliance
specific
architectural
accessibility
standards
cfr
case
older
facilities
structural
change
likely
difficult
public
entity
may
comply
title
ii
adopting
variety
less
costly
measures
including
relocating
services
alternative
accessible
sites
assigning
aides
assist
persons
disabilities
accessing
services
measures
ineffective
achieving
accessibility
public
entity
required
make
reasonable
structural
changes
ibid
event
entity
required
undertake
measures
impose
undue
financial
administrative
burden
threaten
historic
preservation
interests
effect
fundamental
alteration
nature
service
duty
accommodate
perfectly
consistent
due
process
principle
within
limits
practicability
state
must
afford
individuals
meaningful
opportunity
heard
courts
boddie
internal
quotation
marks
citation
omitted
cases
recognized
number
affirmative
obligations
flow
principle
duty
waive
filing
fees
certain
criminal
duty
provide
transcripts
criminal
defendants
seeking
review
duty
provide
counsel
certain
criminal
cases
makes
clear
ordinary
considerations
cost
convenience
alone
justify
state
failure
provide
individuals
meaningful
right
access
courts
judged
backdrop
title
ii
affirmative
obligation
accommodate
persons
disabilities
administration
justice
said
proportion
supposed
remedial
preventive
object
understood
responsive
designed
prevent
unconstitutional
behavior
boerne
kimel
rather
reasonable
prophylactic
measure
reasonably
targeted
legitimate
end
reasons
conclude
title
ii
applies
class
cases
implicating
fundamental
right
access
courts
constitutes
valid
exercise
congress
authority
enforce
guarantees
fourteenth
amendment
judgment
appeals
therefore
affirmed
ordered
tennessee
petitioner
george
lane
et
al
writ
certiorari
appeals
sixth
circuit
may
justice
souter
justice
ginsburg
joins
concurring
join
opinion
subject
caveats
recent
cases
eleventh
amendment
fourteenth
noted
nevada
dept
human
resources
hibbs
souter
concurring
although
concur
approach
applying
criteria
title
ii
americans
disabilities
act
guarantee
access
courts
related
rights
note
engaged
expansive
enquiry
chief
justice
suggests
post
dissenting
opinion
evidence
considered
underscore
appropriateness
action
address
situation
disabled
individuals
courts
evidence
show
judiciary
endorsed
basis
discrimination
subject
congressional
remedy
buck
bell
grudging
sustaining
constitutionality
practice
involuntarily
sterilizing
mental
disabilities
see
better
world
instead
waiting
execute
degenerate
offspring
crime
let
starve
imbecility
society
prevent
manifestly
unfit
continuing
kind
three
generations
imbeciles
enough
laws
compelling
sterilization
often
accompanied
others
indiscriminately
requiring
institutionalization
prohibiting
certain
individuals
disabilities
marrying
voting
attending
public
schools
even
appearing
public
one
administrative
action
along
lines
judicially
sustained
part
justified
precaution
sight
child
cerebral
palsy
lest
produc
depressing
nauseating
effect
upon
others
state
ex
rel
beattie
board
ed
antigo
approving
exclusion
public
school
many
laws
enacted
implement
quondam
science
eugenics
peaked
yet
statutes
judicial
vindications
sat
books
long
eugenics
lapsed
see
civil
rights
commission
accommodating
spectrum
individual
abilities
quite
apart
fateful
inspiration
behind
one
pervasive
fault
provisions
failure
reflect
amount
flexibility
freedom
required
deal
wide
variation
abilities
needs
people
disabilities
cleburne
cleburne
living
center
instead
like
invidious
discrimination
classified
people
without
regard
individual
capacities
lack
regard
great
harm
sustaining
application
title
ii
today
takes
welcome
step
away
judiciary
prior
endorsement
blunt
instruments
imposing
legal
handicaps
tennessee
petitioner
george
lane
et
al
writ
certiorari
appeals
sixth
circuit
may
justice
ginsburg
justice
souter
justice
breyer
join
concurring
reasons
stated
mindful
congress
objective
enacting
americans
disabilities
act
elimination
reduction
physical
social
structures
impede
people
present
past
perceived
impairments
contributing
according
talents
nation
social
economic
civic
life
join
opinion
americans
disabilities
act
ada
act
measure
expected
advance
stature
persons
disabilities
see
bagenstos
subordination
stigma
disability
rev
ada
aims
guarante
baseline
equal
citizenship
protecting
stigma
systematic
exclusion
public
private
opportunities
protec
society
loss
valuable
talents
opinion
relates
see
ante
act
comprises
three
parts
prohibiting
discrimination
employment
title
public
services
programs
activities
title
ii
public
accommodations
title
iii
case
concerns
title
ii
controls
conduct
administrators
public
undertakings
including
individuals
disabilities
among
people
count
composing
people
congress
understood
shaping
ada
sometimes
require
blindfolded
equality
responsiveness
difference
indifference
accommodation
central
act
primary
objective
congress
extended
statute
range
reach
government
activities
title
ii
required
reasonable
modifications
public
actors
rules
policies
practices
title
ii
see
also
defining
discrimination
include
failure
provide
reasonable
accommodations
title
ii
requiring
reasonable
modifications
public
accommodations
policies
practices
procedures
title
iii
bagenstos
supra
ada
supporters
sought
eliminate
practices
combine
physical
mental
conditions
create
call
universal
access
rules
serve
function
macro
level
requirements
individualized
accommodation
modification
fill
gaps
micro
level
omitted
olmstead
responded
fidelity
ada
accommodation
theme
held
state
accountable
failing
provide
community
residential
placements
people
disabilities
state
argued
olmstead
acted
impartially
provided
community
placements
individuals
without
disabilities
congress
observed
advanced
ada
comprehensive
view
concept
discrimination
one
embraced
failures
provide
reasonable
accommodations
today
similarly
faithful
act
demand
reasonable
accommodation
secure
access
avoid
exclusion
legislation
calling
upon
government
actors
respect
dignity
individuals
disabilities
entirely
compatible
constitution
commitment
federalism
properly
conceived
seems
conducive
harmonious
federal
system
require
congress
exercises
authority
fourteenth
amendment
essentially
indict
state
disregarding
stature
persons
disabilities
see
post
scalia
dissenting
congress
may
impose
prophylactic
legislation
upon
particular
identified
history
relevant
constitutional
violations
nevada
dept
human
resources
hibbs
scalia
dissenting
controlled
legislation
state
demand
shown
acting
violation
fourteenth
amendment
emphasis
original
members
congress
understandably
reluctant
condemn
constitutional
violators
complicit
maintaining
isolated
unequal
status
persons
disabilities
disarm
national
legislature
resisting
adversarial
approach
lawmaking
better
suited
courtroom
opinion
documents
see
ante
congress
considered
body
evidence
showing
diverse
parts
nation
various
levels
government
persons
disabilities
encounter
access
barriers
public
facilities
services
record
rightly
holds
least
bears
access
courts
sufficed
warrant
national
solution
people
representatives
congress
elected
order
tennessee
petitioner
george
lane
et
al
writ
certiorari
appeals
sixth
circuit
may
chief
justice
rehnquist
justice
kennedy
justice
thomas
join
dissenting
board
trustees
univ
garrett
held
congress
validly
abrogate
eleventh
amendment
immunity
enacted
title
americans
disabilities
act
ada
today
concludes
title
ii
act
validly
abrogate
immunity
least
insofar
applies
class
cases
implicating
fundamental
right
access
courts
ante
today
decision
irreconcilable
garrett
principles
embodies
dissent
eleventh
amendment
bars
private
lawsuits
federal
unconsenting
state
nevada
dept
human
resources
hibbs
garrett
supra
kimel
florida
bd
regents
congress
may
overcome
sovereign
immunity
authorize
suits
unmistakably
expresses
intent
acts
pursuant
valid
exercise
power
fourteenth
amendment
hibbs
supra
correctly
holds
congress
satisfied
first
prerequisite
ante
disagree
conclusion
title
ii
valid
enforcement
legislation
section
fourteenth
amendment
grants
congress
authority
enforce
appropriate
legislation
familiar
substantive
guarantees
contained
amendment
amdt
state
shall
deprive
person
life
liberty
property
without
due
process
law
deny
person
within
jurisdiction
equal
protection
laws
congress
power
enact
appropriate
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legislation
limited
mere
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repetition
fourteenth
amendment
jurisprudence
garrett
supra
congress
may
remedy
deter
state
violations
constitutional
rights
prohibiting
somewhat
broader
swath
conduct
including
forbidden
amendment
text
hibbs
enforcement
power
corrective
preventive
definitional
ensure
congress
usurp
responsibility
define
meaning
fourteenth
amendment
valid
legislation
must
exhibit
proportionality
injury
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means
adopted
end
hibbs
supra
quoting
city
boerne
supra
today
pays
lipservice
congruence
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test
see
ante
applies
manner
inconsistent
recent
precedents
garrett
conducted
inquiry
first
enunciated
city
boerne
determine
whether
title
ada
satisfied
test
faithful
application
test
title
ii
reveals
redefine
rather
permissibly
enforces
rights
protected
fourteenth
amendment
hibbs
supra
first
step
identify
precision
scope
constitutional
right
issue
garrett
supra
task
easy
garrett
hibbs
kimel
city
boerne
statutes
cases
sought
enforce
one
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right
garrett
example
statute
addressed
equal
protection
right
disabled
persons
free
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employment
discrimination
garrett
supra
see
also
hibbs
supra
family
medical
leave
act
fmla
aims
protect
right
free
discrimination
workplace
kimel
supra
right
free
unconstitutional
age
discrimination
employment
city
boerne
supra
right
free
exercise
religion
scope
right
explained
quite
limited
indeed
equal
protection
clause
permits
state
classify
basis
disability
long
rational
basis
garrett
supra
discussing
cleburne
cleburne
living
center
see
also
ante
case
task
identifying
scope
relevant
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protection
difficult
title
ii
purports
enforce
panoply
constitutional
rights
disabled
persons
equal
protection
right
irrational
discrimination
also
certain
rights
protected
due
process
clause
ante
however
ultimately
upholds
title
ii
applies
class
cases
implicating
fundamental
right
access
courts
ante
proper
inquiry
focuses
scope
due
process
rights
cites
four
rights
title
ii
purportedly
enforces
right
criminal
defendant
present
critical
stages
trial
faretta
california
right
litigants
meaningful
opportunity
heard
judicial
proceedings
boddie
connecticut
right
criminal
defendant
trial
jury
composed
fair
cross
section
ity
taylor
louisiana
public
right
access
criminal
proceedings
superior
county
riverside
ante
traced
metes
bounds
constitutional
rights
issue
next
step
inquiry
requires
us
examine
whether
congress
identified
history
pattern
violations
constitutional
rights
respect
disabled
garrett
step
crucial
determining
whether
title
ii
legitimate
attempt
remedy
prevent
actual
constitutional
violations
illegitimate
attempt
rewrite
constitutional
provisions
purports
enforce
indeed
congress
power
appropriately
exercised
response
state
transgressions
ibid
emphasis
added
majority
identifies
nothing
legislative
record
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responding
widespread
violations
due
process
rights
disabled
persons
rather
limiting
discussion
constitutional
violations
due
process
rights
ultimately
relies
majority
sets
account
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disabled
ante
digression
recounts
historical
discrimination
disabled
institutionalization
laws
restrictions
marriage
voting
public
education
conditions
mental
hospitals
various
forms
unequal
treatment
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public
programs
services
evidence
relevant
considering
constitutionality
statute
whole
rejects
approach
favor
narrower
discounted
much
type
outdated
generalized
evidence
garrett
unsupportive
title
ban
employment
discrimination
see
also
city
boerne
noting
legislative
record
lacks
modern
instances
religious
bigotry
evidence
likewise
irrelevant
title
ii
purported
enforcement
due
process
rights
even
proper
consider
broader
category
evidence
much
concern
unconstitutional
action
bulk
evidence
concerns
discrimination
nonstate
governments
rather
repeatedly
held
evidence
irrelevant
inquiry
whether
congress
validly
abrogated
eleventh
amendment
immunity
privilege
enjoyed
sovereign
garrett
supra
florida
prepaid
postsecondary
ed
expense
bd
college
savings
bank
kimel
brief
anecdotes
involve
sufficiently
detailed
determine
whether
instances
unequal
treatment
irrational
thus
unconstitutional
decision
cleburne
garrett
supra
therefore
even
outside
access
courts
context
identifies
constitutional
violations
perpetrated
disabled
respect
due
process
access
courts
rights
ultimately
relies
congress
failure
identify
pattern
actual
constitutional
violations
even
striking
indeed
nothing
legislative
record
statutory
findings
indicate
disabled
persons
systematically
denied
right
present
criminal
trials
denied
meaningful
opportunity
heard
civil
cases
unconstitutionally
excluded
jury
service
denied
right
attend
criminal
attempt
disguise
lack
congressional
documentation
citations
judicial
decisions
retroactively
provide
support
title
ii
event
fails
terms
see
garrett
examine
whether
congress
identified
history
pattern
constitutional
violations
ibid
legislative
record
fails
show
congress
fact
identify
pattern
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violations
emphases
added
indeed
type
constitutional
violation
occurs
connection
litigation
particularly
telling
majority
able
identify
two
reported
cases
finding
disabled
person
federal
constitutional
rights
see
ante
citing
ferrell
estelle
opinion
withdrawn
moot
people
rivera
misc
sup
lacking
real
evidence
congress
responding
actual
due
process
violations
majority
relies
primarily
three
items
justify
decision
civil
rights
commission
report
showing
public
services
programs
housed
buildings
inaccessible
persons
disabilities
ante
testimony
house
subcommittee
regarding
physical
inaccessibility
local
courthouses
ante
evidence
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purpose
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amendment
priority
attention
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beginning
repeatedly
reflected
opinions
cases
wall
first
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fourteenth
amendment
said
following
respect
equal
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clause
doubt
much
whether
action
state
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way
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race
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come
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clearly
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emergency
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practice
issue
early
cases
cited
morgan
gave
expansive
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effects
see
doctrine
substantive
due
process
holds
fourteenth
amendment
due
process
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protects
unenumerated
liberties
see
generally
lawrence
texas
planned
parenthood
southeastern
casey
thus
fourteenth
amendment
include
many
guarantees
provides
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context
appear
massive
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congressional
power
interpret
broadly
broad
interpretation
particularly
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regard
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evil
equal
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still
true
latter
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least
late
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congressional
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targeted
racial
discrimination
given
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oregon
mitchell
upheld
fifteenth
amendment
provision
voting
rights
act
amendments
stat
barred
literacy
tests
similar
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tools
racial
discrimination
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power
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age
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see
opinion
black
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blackmun
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part
third
provision
forbade
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voters
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also
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believed
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described
exactly
line
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congress
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power
broadest
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goal
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discrimination
account
race
course
results
reached
boerne
florida
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kimel
morrison
garrett
consistent
narrower
compass
afforded
congressional
regulation
protect
prevent
racial
discrimination
thus
principally
reasons
stare
decisis
shall
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standard
congressional
measures
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remedy
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abandon
requirement
congress
may
impose
prophylactic
legislation
upon
particular
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history
relevant
constitutional
violations
see
hibbs
scalia
dissenting
morrison
morgan
harlan
dissenting
also
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state
actors
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morrison
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measures
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sanctioned
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language
state
racial
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apply
field
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war
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seductive
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judgment
tennessee
petitioner
george
lane
et
al
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certiorari
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sixth
circuit
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justice
thomas
dissenting
join
chief
justice
dissent
agree
title
ii
americans
disabilities
act
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courts
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ada
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joined
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write
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amdt
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voting
south
carolina
katzenbach
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lassiter
northampton
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fifteenth
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cleburne
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ii
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children
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board
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also
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ex
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wd
ark
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angeles
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colker
milani
world
insufficient
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rev
chief
justice
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kennedy
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entertain
facial
challenge
situation
case
much
different
question
presented
whether
title
ii
indiscriminate
substantive
provisions
constitutionally
applied
petitioner
state
raines
thus
provides
support
avoiding
question
conjuring
imaginary
statute
substantive
provisions
might
pass
test
majority
invocation
hibbs
justify
title
ii
overbreadth
unpersuasive
see
ante
hibbs
concluded
light
evidence
congress
fmla
provision
necessary
achiev
congress
remedial
object
found
legislative
record
included
evidence
state
constitutional
violations
evidence
provision
merely
enforcing
equal
protection
clause
actually
perpetuate
gender
stereotypes
congress
sought
eradicate
employers
simply
eliminate
family
leave
entirely
ibid
without
comparable
evidence
constitutional
violations
necessity
prophylactic
measures
basis
uphold
title
ii
requirements
footnotes
congress
previously
attempted
extension
voting
rights
act
amendments
stat
sought
lower
voting
age
state
elections
extension
rejected
three
separate
opinions
none
commanded
majority
see
infra
professor
tribe
treatise
gives
examples
measures
facilitate
enforcement
context
fifteenth
amendment
civil
rights
act
stat
authorized
attorney
general
seek
injunctions
interference
right
vote
racial
grounds
civil
rights
act
stat
permitted
joinder
parties
defendant
gave
attorney
general
access
local
voting
records
authorized
courts
register
voters
areas
systemic
discrimination
civil
rights
act
stat
expedited
hearing
voting
cases
courts
tribe
american
constitutional
law
ed
later
case
cited
morgan
james
everard
breweries
day
applied
flexible
standard
mcculloch
maryland
wheat
eighteenth
amendment
forbade
manufacture
sale
transportation
intoxicating
liquors
within
importation
thereof
exportation
thereof
beverage
purposes
provided
congress
several
shall
concurrent
power
enforce
article
appropriate
legislation
congress
provided
supplemental
prohibition
act
stat
spirituous
vinous
liquor
may
prescribed
medicinal
purposes
challenged
unconstitutional
went
beyond
regulation
intoxicating
liquors
beverage
purposes
hence
beyond
enforcement
opinion
citing
none
thirteenth
fourteenth
fifteenth
amendment
cases
discussed
text
held
mcculloch
maryland
test
applied
unlike
issue
case
involve
power
control
respects
otherwise
permitted
constitution
consequence
federal
government
going
beyond
enforcement
narrowly
defined
arguable
incursion
upon
powers
left
essentially
issue
mcculloch
addressed
dicta
one
earlier
cases
seemed
suggest
even
nonprophylactic
provisions
adopted
except
response
state
constitutional
violations
state
guilty
violation
fourteenth
amendment
provisions
made
enforced
law
abridging
privileges
immunities
citizens
one
departments
deprived
person
life
liberty
property
without
due
process
law
denied
person
within
jurisdiction
equal
protection
laws
contrary
laws
state
enacted
legislative
construed
judicial
administered
executive
departments
recognize
protect
rights
persons
amendment
imposes
duty
confers
power
upon
congress
harris
see
textual
basis
interpretation