T.W. v. New York State Board of Law Examiners, 110 F.4th 71

T.W., a Harvard Law graduate with disabilities, sought testing accommodations for the New York bar exam in 2013 and 2014, citing previous accommodations at Harvard.
The New York State Board of Law Examiners partially denied her requests, and T.W. failed the bar twice before eventually passing on her third attempt after being granted greater accommodations.
T.W. sued the Board, alleging violations of Title II of the ADA and Section 504 of the Rehabilitation Act, seeking declaratory, injunctive, and monetary relief.
The Board moved to dismiss, arguing Eleventh Amendment sovereign immunity; the district court denied dismissal, but the Second Circuit previously reversed in part and remanded for further consideration under the ADA claim.
On remand, the district court dismissed all remaining claims, finding the Board immune as an arm of the state and denying Ex parte Young relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the Board an 'arm of the state' for sovereign immunity?	Board is not an arm of the state and thus not immune.	Board is an arm of the state and enjoys Eleventh Amendment immunity.	Board is an arm of the state; sovereign immunity applies (law of the case doctrine).
Did Title II of the ADA validly abrogate sovereign immunity in this context?	Title II abrogates immunity for claims like T.W.'s	Title II does not validly abrogate immunity in professional licensing context.	No valid abrogation; insufficient record of unconstitutional discrimination; rational basis applies.
Is declaratory relief available under Ex parte Young?	Declaratory relief is warranted for past violations.	Relief is retrospective and thus barred.	Relief is retrospective, not prospective; not available under Ex parte Young.
Is injunctive relief available under Ex parte Young?	Injunctive relief (e.g., records expungement) is appropriate for ongoing harm.	No ongoing violation of federal law; relief does not tie to ongoing unlawful conduct.	No ongoing federal law violation alleged; injunctive relief unavailable.

Edelman v. Jordan, 415 U.S. 651 (affirmed Eleventh Amendment bars retroactive damages against the state)
City of Boerne v. Flores, 521 U.S. 507 (established congruence and proportionality test for § 5 abrogation)
Bd. of Trs. of Univ. of Ala. v. Garrett, 531 U.S. 356 (held Title I of ADA did not validly abrogate sovereign immunity)
Tennessee v. Lane, 541 U.S. 509 (upheld Title II's abrogation of immunity in court access cases; not all contexts)
Green v. Mansour, 474 U.S. 64 (retroactive declaratory relief barred by the Eleventh Amendment)
Seminole Tribe of Florida v. Florida, 517 U.S. 44 (Congress cannot circumvent state immunity without valid abrogation)
Conn v. Gabbert, 526 U.S. 286 (right to practice a profession is subject to reasonable regulation)