Tennessee v. Lane — Rehnquist, J., Dissenting

Summary

Chief Justice Rehnquist, joined by Justice Kennedy and Justice Thomas, dissents from the majority’s decision that Title II of the ADA validly abrogates state sovereign immunity. He applies the congruence-and-proportionality test, concluding the legislative record lacks evidence of systematic constitutional violations by States denying disabled persons access to courts. Justice Scalia, dissenting, criticizes the proportionality test and argues § 5 allows only direct enforcement rather than prophylactic legislation. Justice Thomas, dissenting, joins the Chief Justice but disavows reliance on Hibbs.