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Subject:
From:
"Elizabeth H. Thiers" <[log in to unmask]>
Reply To:
St. John's University Cerebral Palsy List
Date:
Fri, 1 Nov 2002 20:04:25 -0500
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Under the thought you might be interested category.

beth t. the ot

-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]On
Behalf Of Mark Quigley
Sent: Wednesday, October 30, 2002 10:00 AM
To: [log in to unmask]
Subject: National Council on Disability Responds to Certain Problematic
Aspects of the Americans with Disabilities Act Decisions of the Supreme
Court


NEWS RELEASE            NCD #02-391
                October 30, 2002
                Contact: Mark S. Quigley
                202-272-2004
                202-272-2074 TTY

National Council on Disability Releases Americans with
Disabilities Act and the Supreme Court Policy Paper


WASHINGTON-The National Council on Disability (NCD) today released A
Carefully Constructed Law, the newest addition to the ongoing policy brief
series analyzing and responding to certain problematic aspects of the
Americans with Disabilities Act (ADA) decisions of the U.S. Supreme Court.

A Carefully Constructed Law
(http://www.ncd.gov/newsroom/publications/carefullyconstructedlaw.html)
responds to the supposed uncertainties and ambiguities that the Supreme
Court has perceived that the ADA was not carefully considered nor carefully
written by explaining how the Congress carefully considered, negotiated, and
fine-tuned the ADA before enacting it, as well as the 25 years of methodical
Congressional study that preceded its passage.

In future papers in this series, 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. NCD will also summarize
instances of unaddressed discrimination and injustices stemming from the
Court's rulings that do not result in reported court decisions.

NCD will then develop legislative proposals for addressing those issues that
appear appropriate for legislative correction, and present those 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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