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May 17 2004
Majority Opinion of
the Supreme Court: Tennessee v. Lane et al.
Justice Stevens
delivered the opinion of the Court: Title
II of the Americans with Disabilities Act of 1990 (ADA
or Act), 104 Stat. 337, 42 U. S. C. 12131.12165, provides
that .no qualified individual with a disability shall,
by reason of such disability, be excluded from participation in or
be denied the benefits of the services, programs
or activities of a public entity, or be subjected to discrimination
by any such entity.. 12132. The question presented
in this case is whether Title II exceeds Congress'
power under 5 of the Fourteenth Amendment.

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