Did Congress validly abrogate states' sovereign immunity for retaliation claims under Title V of the ADA?

QUESTION PRESENTED In the Americans with Disabilities Act of 1990 (“ADA”), 101 P.L. 336, 104 Stat. 327 (July 26, 1990), codified as amended at 42 U.S.C. §§ 12101 et seq., Congress expressly sought to abrogate states’ 118 Amendment immunity, 42 U.S.C. § 12202. This Court has previously held that that abrogation attempt was invalid as to claims under Title I of the ADA, but that it was valid as to claims under Title II of the ADA. Compare Bd. of Trs. v. Garrett, 531 U.S. 356, 377 (2001) with Tennessee v. Lane, 541 U.S. 509, 518 (2004). As the 11‘ Circuit noted below, [12a], this Court has not yet decided whether Congress could validly abrogate sovereign immunity for claims brought under Title V of the ADA, for retaliation. This Petition asks the Court to do so, by answering the following question: 1. Did the Eleventh Circuit err in holding that the 11» Amendment precluded Petitioners’ retaliation claims under Title V of the ADA? i