Cite as: 541 U. S. 509 (2004)
Opinion of the Court
secondary Ed. Expense Bd. v. College Savings Bank, 527
U. S. 627 (1999). At issue in that case was the validity of
the Patent and Plant Variety Protection Remedy Clarification Act (hereinafter Patent Remedy Act), a statutory
amendment Congress enacted in the wake of our decision in
Atascadero State Hospital v. Scanlon, 473 U. S. 234 (1985),
to clarify its intent to abrogate state sovereign immunity
from patent infringement suits. FloridaPrepaid,527 U. S.,
at 631-632. Noting the virtually complete absence of a history of unconstitutional patent infringement on the part of
the States, as well as the Act's expansive coverage, the Court
concluded that the Patent Remedy Act's apparent aim was
to serve the Article I concerns of "provid[ing] a uniform remedy for patent infringement and . . . plac[ing] States on the
same footing as private parties under that regime," and not
to enforce the guarantees of the Fourteenth Amendment.
Id., at 647-648. See also Kimel, 528 U. S. 62 (finding that
the Age Discrimination in Employment Act exceeded Congress' § 5 powers under Boerne); United States v. Morrison,
529 U. S. 598 (2000) (Violence Against Women Act).
Applying the Boerne test in Garrett, we concluded that
Title I of the ADA was not a valid exercise of Congress' § 5
power to enforce the Fourteenth Amendment's prohibition
on unconstitutional disability discrimination in public employment. As in FloridaPrepaid, we concluded Congress'
exercise of its prophylactic §5 power was unsupported by
a relevant history and pattern of constitutional violations.
531 U. S., at 368, 374. Although the dissent pointed out that
Congress had before it a great deal of evidence of discrimination by the States against persons with disabilities, id., at
379 (opinion of BREYER, J.), the Court's opinion noted that
the "overwhelming majority" of that evidence related to "the
provision of public services and public accommodations,
which areas are addressed in Titles II and III," rather than
Title I, id., at 371, n. 7. We also noted that neither the
ADA's legislative findings nor its legislative history reflected
a concern that the States had been engaging in a pattern of