546US1
Unit: $U14
[08-22-08 15:39:41] PAGES PGT: OPIN
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.
