Article 107: False Statements
More normatively, progressive theorizing in regards to the Constitution is already occurring, and the disability cause is diminished by not being a part of this conversation. Framing rights in constitutional methods carries a sure permanence and gravitas, and engages courts in a different way in the means of constitutional tradition than bringing claims that a selected statutory proper has been infringed. This Article takes up the difficulty of whether or not, given the preeminence of a statutory technique, there may be any future for disability constitutional regulation. The largest constitutional “moment” for disability law was the Supreme Court’s choice in City of Cleburne v. Cleburne Living Center, Inc.
Federal Case Commentary
Yet the Constitution might help set the boundaries of such disagreement. The opinions of the Court provide reasons for its decisions, whereas concurring and dissenting opinions problem the decisions of the Court.
and can ultimately undermine the success of any legislative technique. And there are areas where Cleburne still operates to drawback classes of individuals with disabilities—significantly those with psychological disabilities—of their interactions with the state. This happens in areas like family regulation, dedication proceedings, the availability of state benefits and licensing, and voting, amongst others. Reviewing latest constitutional litigation in both state and federal courts demonstrates that the more contextualized imaginative and prescient of equal protection, which some hoped Cleburne would possibly stand for, is starting to appear, simply not for folks with disabilities.
This is exactly the query in Brown v. Board of … Read More