Franklin v. Gwinnett County Public Schools

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In Franklin v. Gwinnett County Public Schools, 503 U.S. 60, 72 (1992), the U.S. Supreme Court held that Section 1003 of the Rehabilitation Act Amendments of 1986, 100 Stat. 1845, 42 U.S.C. § 2000d-7, "cannot be read except as a validation of Cannon's holding." Justice Antonin Scalia concurred with the judgment and this assessment, see also id. at 78.

The Rehabilitation Act Amendments of 1986 expressly abrogated States' sovereign immunity against suits brought in federal court to enforce Title VI and provided that in a suit against a State "remedies (including remedies both at law and in equity) are available . . . to the same extent as such remedies are available . . . in the suit against any public or private entity other than a State," § 2000d-7(a)(2).