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UNIVERSITY OF ALABAMA v. GARRETT

United States Supreme Court No. 99-1240



QUESTION PRESENTED: Whether the Eleventh Amendment to the United States Constitution bars suits by private citizens in federal court under the Americans with Disabilities Act against non-consenting states.

ORAL ARGUMENT DATE: October 11, 2000


INTRODUCTION

Part I

I. As applied to state correctional facilities, the ADA is a massive federal intrusion into a core state government function

Part II

II. As sweepingly defined by the ADA, "individuals with disabilities" defines a class which is neither discrete nor insular

Part III

III. The ADA is not a valid exercise of Congress's Fourteenth Amendment enforcement power

Conclusion