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May 17, 2004
 Minority Opinion of
the Supreme Court: Tennessee v. Lane et al.
Chief Justice
Rehnquist, with whom Justice Kennedy and Justice Thomas join,
dissenting: In Board of Trustees of Univ. of Ala. v. Garrett,
531 U. S. 356 (2001), we held that Congress did not validly
abrogate States. Eleventh Amendment immunity when it enacted Title
I of the Americans with Disabilities Act of 1990 (ADA), 42 U. S.
C. 12111.12117. Today, the Court concludes that Title
II of that Act, 12131.12165, does validly abrogate that
immunity, at least insofar .as it applies to the class of cases
implicating the fundamental right of access to the courts.. Ante,
at 19. Because today's decision is irreconcilable with Garrett
and the well-established principles it embodies, I dissent.
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