Board of Trustees of the University of Alabama v. Garrett — Kennedy, J., Concurring

Summary

Justice Kennedy concurred in the judgment, joining the Court's opinion, on the reasoning that a state's failure to adopt revised policies does not necessarily constitute the intentional action required to violate the Equal Protection Clause. He joined the Court holding that Congress lacked sufficient evidence of a pattern of constitutional violations by states to abrogate sovereign immunity for ADA claims. Justice Breyer, dissenting, argued that Congress compiled substantial evidence of disability discrimination in the legislative record.