Supreme Court of the United States
Tennessee v. Lane — Souter, J., Concurring
May 17, 2004541 U.S. 509
Summary
Justice Souter, with whom Justice Ginsburg joins, concurs in the Court's judgment upholding Title II of the ADA as applied to access to courts, noting caveats about Eleventh Amendment and § 5 jurisprudence from Hibbs. He emphasizes historical judicial endorsement of discrimination against disabled individuals and views the decision as a move away from past legal handicaps. Justice Ginsburg joined the concurrence, while separate dissents challenged the congruence and proportionality analysis.