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UNITED STATES v. GEORGIA Syllabus

(b) Once Goodman’s complaint is amended, the lower courts will be best situated to determine in the ﬁrst instance, on a claim-by-claim basis, (1) which aspects of the State’s alleged conduct violated Title II; (2) to what extent such misconduct also violated the Fourteenth Amend­ ment; and (3) insofar as such conduct violated Title II but did not violate the Fourteenth Amendment, whether Congress’s purported abrogation of sovereign immunity in such contexts is nevertheless valid. P. 159. 120 Fed. Appx. 785, reversed and remanded. Scalia, J., delivered the opinion for a unanimous Court. Stevens, J., ﬁled a concurring opinion, in which Ginsburg, J., joined, post, p. 160.

Solicitor General Clement argued the cause for the United States in No. 04–1203. With him on the brief were Acting Assistant Attorney General Schlozman, Patricia A. Millett, David K. Flynn, and Sarah E. Harrington. Samuel R. Bagenstos argued the cause for petitioner in No. 04–1236. With him on the briefs were Drew S. Days III, Beth S. Brinkmann, and Seth M. Galanter. Gregory A. Castanias argued the cause for respondents in both cases. With him on the brief were Thurbert E. Baker, Attorney General of Georgia, Kathleen M. Pacious, Deputy Attorney General, John C. Jones, Senior Assistant Attor­ ney General, and David E. Langford, Assistant Attorney General. Gene C. Schaerr argued the cause and ﬁled a brief for the State of Tennessee et al. as amici curiae urging afﬁrmance in both cases. With him on the brief were Paul G. Sum­ mers, Attorney General of Tennessee, Michael E. Moore, So­ licitor General, Linda T. Coberly, E. King Poor, Roberto J. Sa´nchez Ramos, Secretary of Justice of Puerto Rico, and the Attorneys General for their respective States as follows: Troy King of Alabama, John W. Suthers of Colorado, M. Jane Brady of Delaware, Lawrence G. Wasden of Idaho, Mike Cox of Michigan, Brian Sandoval of Nevada, Kelly A. Ayotte of New Hampshire, W. A. Drew Edmondson of Oklahoma,