a dissenting opinion in which he was joined by Justices John Paul Stevens, David Souter, and Ruth Bader Ginsburg. The dissent stated the following about rational basis review: On "congruence and proportionality," Justice Breyer said that City of Cleburne v. Cleburne Living Center, Inc (1985) and Katzenbach v. Morgan (1966) were precedents that require deference by the Court, not Congress: See also ADA Litigation in the United States List of United States Supreme Court cases, volume 531 Lucy v. Adams (1955) For a discussion as to why Title II of the ADA should (1) be construed as covering employment and (2) validly abrogates state sovereign immunity in the employment context, see Derek Warden, Four Pathways of Undermining Board of Trustees of the University of Alabama v. Garrett, 42 U. of Ark. Little Rock L. Rev. 555 (2020) References Further reading External links Americans with Disabilities Act of 1990 United States disability case law United States Eleventh Amendment case law United States Fourteenth Amendment, section five case law United States Supreme Court cases United States Supreme Court cases of the Rehnquist Court University of Alabama 2001 in United States case law