358
Syllabus
remedies created by the ADA against the States raise the same sort of concerns as to congruence and proportionality as were found in City of Boerne, supra. For example, while it would be entirely rational (and therefore constitutional) for a state employer to conserve scarce financial resources by hiring employees able to use existing facilities, the ADA requires employers to make such facilities readily accessible to and usable by disabled individuals, §§ 12112(5)(B), 12111(9). The ADA does except employers from the "reasonable accommodatio[n]" requirement where the employer can demonstrate that accommodation would impose an "undue hardship" upon it, § 12112(b)(5)(A), but, even with this exception, the accommodation duty far exceeds what is constitutionally required. The ADA's constitutional shortcomings are apparent when it is compared to the Voting Rights Act of 1965. Holding the latter Act to be "appropriate" legislation to enforce the Fifteenth Amendment's protection against racial discrimination in voting, South Carolina v. Katzenbach, 383 U. S. 301, this Court emphasized that Congress had there documented a marked pattern of unconstitutional action by the States, see id., at 312, and had determined that litigation had proved ineffective to remedy the problem, see id., at 313. The contrast between the kind of evidence detailed in Katzenbach, and the evidence that Congress considered in the present case, is stark. To uphold the ADA's application to the States would allow Congress to rewrite the Fourteenth Amendment law laid down by this Court in Cle-burne. Section 5 does not so broadly enlarge congressional authority. Pp. 368-374.
193 F. 3d 1214, reversed.
Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. Kennedy, J., filed a concurring opinion, in which O'Connor, J., joined, post, p. 374. Breyer, J., filed a dissenting opinion, in which Stevens, Souter, and Ginsburg, JJ., joined, post, p. 376.
Jeffrey S. Sutton argued the cause for petitioners. With him on the briefs were Bill Pryor, Attorney General of Alabama, Alice Ann Byrne and Margaret L. Fleming, Assistant Attorneys General, Gregory G. Katsas, and Lisa Huggins.
Michael H. Gottesman argued the cause for respondents. With him on the brief were Arlene Mayerson, Laurence Gold, Deborah Mattison, Sandra Reiss, Ira Burnim, and Jennifer Mathis.
Solicitor General Waxman argued the cause for the United States as amicus curiae urging affirmance. With
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