Board of Trustees of the University of Alabama v. Garrett — Breyer, J., Dissenting

Summary

Justice Breyer, dissenting with Stevens, Souter, and Ginsburg, argues Congress had sufficient evidence to enforce the Equal Protection Clause regarding disability discrimination under Section 5 of the Fourteenth Amendment. He contends the Court improperly applied judicial evidentiary standards to legislative findings and failed to defer to Congress. Justice Kennedy, concurring, joins the Court's view that states cannot be held in violation on assumptions of misconceived perceptions.