1. Whether the lower court's orders dismissing
claims alleging violations of the Americans
with Disabilities Act and the Rehabilitation
Act conflict with Olmstead v. L. C. by
Zimring and decisions of other circuits
because the courts (1) disregarded evidence
of the resources of the state and (2) failed to
properly shift the burden to DHHS to prove that the modifications Petitioners requested
would cause a fundamental alteration in the
state's system.

2. Whether Respondent's voluntary conduct or
orders of the state court of appeals and
DHHS' rulings mooted or precluded
Petitioners' federal claims for violations of
(1) constitutional and statutory due process rights and (2) provisions of the Medicaid Act
alleged in the second amended complaint
that are enforceable under Section 1983.

Whether the lower court's orders dismissing claims alleging violations of the Americans with Disabilities Act and the Rehabilitation Act conflict with Olmstead v. L. C. by Zimring and decisions of other circuits