The Supreme Court of the United States held that as it applies to the class of cases implicating the fundamental right of access to the courts, Title II of the Americans with Disabilities Act of 1990 constitutes a valid exercise of Congress' authority under § 5 of the Fourteenth Amendment to abrogate state sovereign immunity.
Tennessee v. Lane, 124 S. Ct. 1978 (2004)
Title II of the Americans with Disabilities Act Is a Valid Exercise of Congress' Power to Abrogate State Sovereign Immunity: Tennessee v. Lane,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol43/iss2/10