Page:United States Reports 546.pdf/374

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Cite as: 546 U. S. 151 (2006)

163

Stevens, J., concurring

forth in City of Boerne v. Flores, 521 U. S. 507 (1997). See Miller, 384 F. 3d, at 1272, and n. 28 (declining to entertain United States’ argument that Lane requires consideration of constitutional rights beyond those provided by the Eighth Amendment); App. A to Pet. for Cert. in No. 04–1236, p. 19a (relying on Miller to ﬁnd Goodman’s Title II claims for money damages barred by the Eleventh Amendment). By reversing the Eleventh Circuit’s decision in these cases and remanding for further proceedings, we not only provide the parties an opportunity to create a more substantial factual record, but also provide the District Court and the Court of Appeals the opportunity to apply the Boerne framework properly. Given these beneﬁts, I agree with the Court’s de­ cision to await further proceedings before trying to deﬁne the extent to which Title II validly abrogates state sovereign immunity in the prison context.