sentences:  Justice Souter, in whose concurrence Justices Ginsburg and Breyer joined, concurred in the Court's opinion.He believed that "[e]ven on this Court's view of the scope of congressional power under § 5 of the Fourteenth Amendment," the FMLA was a valid enactment.He emphasized, however, that he still disagreed with the Court's interpretation of Congress's power of enforcement under the Fourteenth Amendment, citing dissents in "Kimel", "Garrett", and "Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank".