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ADA/RA Suits Require Proof of Intentional Discrimination

Title II of the ADA is "neither congruent nor proportional to the
proscriptions of the Fourteenth Amendment." Therefore it exceeds
Congress's authority under § 5 of the Fourteenth Amendment. At 110:

Although we find that Title II in its entirety exceeds Congress's authority
under § 5, this conclusion does not ...

 

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