United States Fourth Circuit

Congress did not validly abrogate the sovereign immunity of states when it enacted Part A of Title II of the ADA, as Congress did not have an adequate record of unconstitutional discrimination by states against the disabled to support abrogation.

Appellate Information

• Argued 06/05/2002
• Decided 09/26/2002
• Published 09/26/2002

Judges

• Before WILKINS, TRAXLER, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Neal Lawrence Walters, University of Virginia School of Law Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant.   Kevin Kendrick Russell, Appellate Section, Civil Rights Division, United States Department of Justice, Washington, D.C., for Intervenor.   David Phelps Kennedy, Assistant Attorney General, Baltimore, Maryland, for Appellees.   ON BRIEF:  Ralph F. Boyd, Jr., Assistant Attorney General, Jessica Dunsay Silver, Seth M. Galanter, Appellate Section, Civil Rights Division, United States Department of Justice, Washington, D.C., for Intervenor.  J. Joseph Curran, Jr., Attorney General of Maryland, Baltimore, Maryland, for Appellees.