Justice Thomas, dissenting.

I join the Chief Justice's dissent. I agree that Title II of the Americans with Disabilities Act of 1990 cannot be a congruent and proportional remedy to the States' alleged practice of denying disabled persons access to the courts. Not only did Congress fail to identify any evidence of such a practice when it enacted the ADA, ante, at 6, 10, Title II regulates far more than the provision of access to the courts, ante, at 15-16. Because I joined the dissent in Nevada Dept. of Human Resources v. Hibbs, 538 U. S. 721 (2003), and continue to believe that Hibbs was wrongly decided, I write separately only to disavow any reliance on Hibbs in reaching this conclusion.