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

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