November 22, 2023
DREDF, Women Enabled International, and the Texas Civil Rights Project have filed an amicus brief on behalf of eleven disability rights organizations and scholars in the Texas Supreme Court, urging a fair interpretation of the medical exception to the state's abortion ban.
Amicus Briefs
Amicus Brief Filed in U.S. Supreme Court Case Emphasizes Importance of Testers to ADA Enforcement
1 Reply
August 10, 2023
If ADA testers lose standing, people with disabilities will continue to experience discrimination and barriers to their full participation in society.
Brennon B. v. Superior Court
August 17, 2022
The California Supreme Court issued its decision in Brennon B. v. Superior Court, S266254, significantly compromising California's long-standing role in the vanguard of civil rights. The 7-0 decision holds that California public schools are not covered by the Unruh Civil Rights Act, one of the state's key civil rights statutes. [...]
DREDF Files Amicus Brief on Behalf of Itself and Eighteen Other Organizations Opposing Efforts to Establish a Constitutional Right to Assisted Suicide in Massachusetts
February 27, 2022
The question of whether a constitutional right to assisted suicide exists must be addressed and understood from the perspective of the class of people who will be most adversely impacted if such a right is found – people with disabilities, whether terminally ill or not. On February 14, 2022, DREDF filed an amicus brief on behalf of itself and eighteen other organizations in Kligler v. Healy to provide such a perspective. Kligler is an appeal before the Supreme Judicial Court of Massachusetts that seeks to establish a constitutional right to assisted suicide. The nineteen amici are recognized authorities in the field of disability rights who oppose the legalization of assisted suicide. The brief of amici discusses how assisted suicide discriminates against people with disabilities, degrades their perceived value and worth, and puts them at higher risk of discrimination and abuse. [...]
DREDF Files Amicus Brief Defending Landmark College Admission Decision
October 9, 2020
DREDF, along with other disability rights organizations, filed an amicus brief in Smith v. Regents of the University of California defending the issuance of a preliminary injunction that required the University of California (UC) school system to stop using the SAT and ACT as part of their admission process. The ruling recognized that, under UC's so-called "test-optional" policy, SAT and ACT scores afforded privileged, non-disabled students a "plus factor" in admissions that students with disabilities could not achieve due to a lack of appropriate accommodations and accessible testing sites—a problem highlighted and exacerbated by the COVID-19 pandemic. UC Regents sought a stay of the injunction, in hopes of retaining their discriminatory policy. DREDF's brief details why the case was rightly decided.
DREDF Files Joint Amicus Brief Defending the Rights of Voters with Chronic Conditions
October 6, 2020
DREDF, along with the American Diabetes Association, AARP, and other leading disability rights organizations, filed an amicus brief in Merrill v. People First of Alabama defending a federal court decision that blocked the State of Alabama from banning curbside voting and implementing stringent vote-by-mail documentation requirements. The brief argues that Alabama's onerous measures would force many Alabamians with diabetes and other chronic conditions to violate social distancing guidelines and put themselves at risk of contracting COVID-19 in order to exercise their constitutional right to vote. On October 21, the U.S. Supreme Court granted Alabama a stay, eliminating curbside voting for disabled Alabama voters. Justice Sotomayor dissented with Justices Breyer and Kagin in an opinion citing the amicus brief.
DREDF Files Amicus Brief to Protect the ACA’s Anti-Discrimination Provision
September 17, 2020
DREDF, the National Health Law Program, and Justice in Aging submitted an amicus brief in the U.S. District Court for the Southern District of New York on behalf of themselves and 47 partners. The brief supports the State of New York and 22 other states' motion for partial summary judgment against implementation of the Trump administration's recently finalized rule restricting the reach of Section 1557 of the Affordable Care Act (ACA), the ACA's ground-breaking anti-discrimination provision. The brief argues that the new rule ignores the plain language of the ACA and harms the very people that the its reforms were designed to protect—people with disabilities; women; LGBTQ+ individuals; older adults; Black, Indigenous, and people of color ("BIPOC"); and individuals with limited English proficiency ("LEP").
Brief of 19 National Disability Rights Organizations as Amici Curiae
May 14, 2020
Disability Rights Education and Defense Fund, the Judge David L. Bazelon Center for Mental Health Law, and 17 other national disability rights organizations filed an amicus brief in California v. Texas, a case that will be heard by the Supreme Court in the fall. The brief supports 21 states that are defending the constitutionality of the Affordable Care Act (ACA), and provides evidence of how Congress, in the ACA, clearly and intentionally strengthened comprehensive and affordable health coverage for people wilth disabilities.
California Supreme Court Issues Unanimous Decision Affirming Full, Equal Access in the Internet Age
August 16, 2019 On August 12, 2019, the California Supreme Court issued an expansive opinion in White v. Square, Inc., No. S249248. The unanimous ruling builds on prior appellate decisions, addresses potential conflicts, and resolves important questions about standing and enforcement of civil rights laws online.
Ronnie Maurice Stewart, et al., v. Alex M. Azar II, et al.,
June 27, 2019 DREDF submits amicus brief in appeal of Kentucky Medicaid work requirement case.