In the past five years, the Supreme Court has reduced the scope of Congress\u27s powers under the Fourteenth Amendment. The Court\u27s contemporary approach to Congress\u27s authority denies Congress the opportunity to enact civil rights legislation benefiting non-suspect minority groups. This jurisprudence raises serious separation of powers concerns and virtually deprives Congress of its power to enact legislation to curb potentially unconstitutional state action.
In contrast to the monumental Supreme Court decision in Board of Trustees of the University of Alabama v. Garrett, this Note argues that extending Title I of the ADA to the states is well within Congress\u27s section 5 authority. This Note further contends that the Supreme Court\u27s recent limiting of Congress\u27s Fourteenth Amendment power is inconsistent with precedent and fundamentally blurs the separation of powers between Congress and the judiciary
