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National
Council on Disability Addresses Detrimental ADA Rulings by
Supreme Court
from the NEWS RELEASE NCD #02-390, October 16, 2002,
Contact: Mark S. Quigley, 202-272-2004, 202-272-2074 TTY,
National Council on Disability Releases Inaugural Paper in
Americans with Disabilities Act Policy Brief Series
For more articles visit
www.bridges4kids.org.
The National
Council on Disability (NCD) today released the inaugural paper
in a series of policy documents addressing specific topics
raised by detrimental rulings of the U.S. Supreme Court on the
Americans with Disabilities Act (ADA). Righting the ADA
http://www.ncd.gov/newsroom/publications/rightingtheada.html,
explains NCD's rationale for undertaking this comprehensive
examination, the high expectations it had for the ADA, NCD's
role regarding the ADA, the impact of the ADA, and an overview
of this series of policy briefs.
Initially, NCD
will respond to certain inaccurate comments about the ADA
leveled by Justice O'Connor, and to several key media
misrepresentations of and erroneous attacks on the ADA.
Subsequently, NCD will examine various specific substantive
aspects of the Court's rulings that have weakened or
restricted the impact of the ADA, including the highly
restrictive interpretation of the ADA's definition of
"disability." Another major area to be addressed concerns
constitutional limits on the power of Congress to enact
disability rights laws such as the ADA and other civil rights
legislation. NCD plans to address some limitations the Court
has imposed on the remedies available in ADA cases and take a
cross-issue look at the consequences of the Supreme Court's
decisions by contrasting the state of the law before the
decisions were rendered with the legal situation after the
decisions, to identify undesirable and unjust results in the
decisions of the lower courts as a result of the Supreme
Court's rulings and to summarize instances of unaddressed
discrimination and injustices stemming from the Court's
rulings that do not result in reported court decisions.
NCD will then to develop legislative proposals for addressing
those issues that appear appropriate for legislative
correction. Finally, NCD will present its legislative
proposals, along with pertinent supportive material from the
previous papers in a final, comprehensive report Righting the
ADA.
For more information, contact Mark Quigley or Joan Durocher at
202-272-2004.
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