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 Article of Interest - ADA and Legal Research

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
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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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NOTE: (ALL RESOURCES PRE-IDEA 2004 ARE FOR INFORMATIONAL/HISTORICAL RESEARCH PURPOSES ONLY)