Can Congress Abrogate States Immunity Under Title II of the ADA?
Tennessee v. Lane et al. Docket No. 02-1667 From: The Sixth Circuit Case at a Glance In 2001, the Supreme Court ruled in Board of Trustees of the University of Alabama v. Garrett that Congress could not abrogate a state’s Eleventh Amendment immunity from damage suits under Title I of the Americans with Disabilities Act. Although Title I deals with disability discrimination in employment, the parties also argued over Title II, which deals with disability discrimination in the services, programs or activities of public entities. While that Title II question was not addressed in Garrett, it is now squarely presented. • Previewed by David L. Hudson, Jr., an attorney in Nashville, Tennessee, who writes regularly on First Amendment and employment law topics.
