OPINION OF THE COURT
GARTH, Circuit Judge.
We are called upon to decide whether, in enacting Title I of the Americans with Disabilities Act ("ADA"), Congress abrogated the States' Eleventh Amendment sovereign immunity from suit pursuant to a valid exercise of its § 5 power to enforce the Fourteenth Amendment.
In Kimel v. Florida Board of Regents, ___ U.S. ___, 120 S.Ct. 631, 145 L.Ed.2d 522 (2000), the Supreme Court recently held that...
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