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United States v. Georgia

Docket No.: 04-1203
Certiorari Granted: May 16 2005
Argued: November 9, 2005
Decided: January 20, 2006
Consolidated with: CONSOLIDATED WITH 04-1236 FOR ONE HOUR ORAL ARGUMENT.

Topics:

Civil Rights, Federalism, Natural Resources

PartyNames: United States v. Georgia, et al.
Petitioner: United States
Respondent: Georgia, et al.

Court Below: United States Court of Appeals for the Eleventh Circuit

United States
v.
Georgia, et al.
546 U.S. 151 (2006)
Question Presented:

Whether Title II of the Americans with Disabilities Act of 1990, 42 U .S.C. 12131 to 12165, is a proper exercise of Congress's power under Section 5 of the Fourteenth Amendment, as applied to the administration of prison systems

Question:

Did Title II of the Americans with Disabilities Act of 1990 validly abrogate state sovereign immunity for suits by prisoners with disabilities challenging discrimination by state prisons? Was Title II a proper exercise of Congress's power under Section 5 of the Fourteenth Amendment, as applied to the administration of prison systems?

Holding: reversed and remanded
Vote: 9-0
Opinion By:
Read UNITED STATES V. GEORGIA opinion (PDF)

Read opinion

Other Resources for United States v. Georgia:
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justia.com
wikipedia.org