Supreme Court of United States.https://leagle.com/images/logo.png
Argued January 13, 2004.
Decided May 17, 2004.
Attorney(s) appearing for the Case
Michael E. Moore, Solicitor General of Tennessee, argued the cause for petitioner. With him on the briefs were Paul G. Summers, Attorney General, S. Elizabeth Martin, and Mary Martelle Collier.
William J. Brown argued the cause for the private respondents. With him on the brief were Samuel R. Bagenstos and Thomas C. Goldstein.
Deputy Solicitor General Clement argued the cause for the United States urging affirmance. With him on the brief were Solicitor General Olson, Assistant Attorney General Acosta, Patricia A. Millett, Jessica Dunsay Silver, Sarah E. Harrington, and Kevin Russell.*
STEVENS, J., delivered the opinion of the Court, in which O'CONNOR, SOUTER, GINSBURG, and BREYER, JJ., joined. SOUTER, J., filed a concurring opinion, in which GINSBURG, J., joined, p. 534. GINSBURG, J., filed a concurring opinion, in which SOUTER and BREYER, JJ., joined, p. 535. REHNQUIST, C. J., filed a dissenting opinion, in which KENNEDY and THOMAS, JJ., joined, p. 538. SCALIA, J., p. 554, and THOMAS, J., p. 565, filed dissenting opinions.
Supreme Court of United States.
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...
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