Major ROGERS, Plaintiff-Appellant,
v.
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; South Carolina Budget and Control Board, Office of Insurance Services, Defendants-Appellees,
South Carolina Retirement System, Defendant.
The Association of Private Pension and Welfare Plans; Bluecross and Blue Shield Association; American Council of life Insurance; The Health Insurance Association of America; State and Local Government Benefits Association; Equal Employment Advisory Council; United States of America, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued September 25, 1998.
Decided April 8, 1999.
Attorney(s) appearing for the Case
ARGUED: William Andrew Arnold, Arnold & Murphy, L.L.C., Greenville, SC, for Appellant. Ashley Bryan Abel, Jackson, Lewis, Schnitzler & Krupman, Greenville, SC, for Appellees. ON BRIEF: Robert E. Hoskins, Foster & Foster, L.L.P., Greenville, SC, for Appellant. Ronald S. Cooper, Tracy Zorpette, Steptoe & Johnson, L.L.P., Washington, D.C.; James A. Klein, Association of Private Pension and Welfare Plans, Washington, D.C.; William A. Breskin, Blue Cross and Blue Shield Association, Washington, D.C., for Amici Curiae Welfare Plans and Blue Cross. Gregory G. Katsas, Carol M. Stapleton, Jones, Day, Reavis & Pogue, Washington, D.C.; Phillip E. Stano, Terri Sorota, American Council of Life Insurance, Washington, D.C.; Jeffrey L. Gabardi, Health Insurance Association of America, Washington, D.C., for Amici Curiae ACLI and HIAA. Lynn Zehnder, State and Local Government Benefits Association, Springfield, IL, for Amicus Curiae Benefits Association. Ann Elizabeth Reesman, Corrie L. Fischel, McGuinness & Williams, Washington, D.C., for Amicus Curiae Advisory Council. Bill Lann Lee, Acting Assistant Attorney General, Mark L. Gross, Marie K. McElderry, U.S. Department of Justice, Wasington, D.C., for Amicus Curiae U.S.
Before HAMILTON and MICHAEL, Circuit Judges, and MOON, United States District Judge for the Western District of Virginia, sitting by designation.
United States Court of Appeals, Fourth Circuit.
OPINION
MICHAEL, Circuit Judge:
The key question in this case is whether Title II of the Americans With Disabilities Act of 1990 (ADA or Act), 42 U.S.C. §§ 12132-12134 (1994), requires a state's long-term disability plan to provide equal benefits for mental and physical disabilities. We hold that it does not.
I.
The facts are undisputed and can be stated in short order. Major Rogers was employed by the South Carolina Department...
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