Attorney(s) appearing for the Case
Solicitor General Clement argued the cause for the United States in No. 04-1203. With him on the brief were Acting Assistant Attorney General Schlozman, Patricia A. Millett, David K. Flynn, and Sarah E. Harrington.
Samuel R. Bagenstos argued the cause for petitioner in No. 04-1236. With him on the briefs were Drew S. Days III, Beth S. Brinkmann, and Seth M. Galanter.
Gregory A. Castanias argued the cause for respondents in both cases. With him on the brief were Thurbert E. Baker, Attorney General of Georgia, Kathleen M. Pacious, Deputy Attorney General, John C. Jones, Senior Assistant Attorney General, and David E. Langford, Assistant Attorney General.
Gene C. Schaerr argued the cause and filed a brief for the State of Tennessee et al. as amici curiae urging affirmance in both cases. With him on the brief were Paul G. Summers, Attorney General of Tennessee, Michael E. Moore, Solicitor General, Linda T. Coberly, E. King Poor, Roberto J. Sánchez Ramos, Secretary of Justice of Puerto Rico, and the Attorneys General for their respective States as follows: Troy King of Alabama, John W. Suthers of Colorado, M. Jane Brady of Delaware, Lawrence G. Wasden of Idaho, Mike Cox of Michigan, Brian Sandoval of Nevada, Kelly A. Ayotte of New Hampshire, W. A. Drew Edmondson of Oklahoma, Hardy Myers of Oregon, Rob McKenna of Washington, and Patrick J. Crank of Wyoming.†
Supreme Court of United States.
JUSTICE SCALIA delivered the opinion of the Court.
We consider whether a disabled inmate in a state prison may sue the State for money damages under Title II of the Americans with Disabilities Act of 1990 (ADA or Act), 104 Stat. 337, as amended, 42 U.S.C. § 12131 et seq. (2000 ed. and Supp. II).
Title II of the ADA provides that "no qualified individual with a disability shall, by reason of such disability, be excluded from...
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