Tennessee v. Lane
541 U.S. 509 (2004)

Annotate this Case

541 U. S. ____ (2004)
541 U. S. ____ (2004)
541 U. S. ____ (2004)
SUPREME COURT OF THE UNITED STATES
NO. 02-1667

TENNESSEE, PETITIONER v. GEORGE LANE et al.

on writ of certiorari to the united states court of appeals for the sixth circuit

[May 17, 2004]

   Justice Thomas, dissenting.

   I join the Chief Justice’s dissent. I agree that Title II of the Americans with Disabilities Act of 1990 cannot be a congruent and proportional remedy to the States’ alleged practice of denying disabled persons access to the courts. Not only did Congress fail to identify any evidence of such a practice when it enacted the ADA, ante, at 6, 10, Title II regulates far more than the provision of access to the courts, ante, at 15–16. Because I joined the dissent in Nevada Dept. of Human Resources v. Hibbs, 538 U. S. 721 (2003), and continue to believe that Hibbs was wrongly decided, I write separately only to disavow any reliance on Hibbs in reaching this conclusion.

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