Disability discussion ?

bookwormde

<font color=darkorchid>Heading out now, another ad
Joined
Mar 16, 2008
Messages
6,662
Sue,

I was wondering if it is ok to discuss the legal and disability community impact of Sotomayors’ appointment to the Supreme Court, as long as we stick to disability related issues and impact and do not get into the politics of the confirmation process.

Bookwormde
 
I have to admit, I fail to see why her having Type 1 Diabetes should be a concern at all. A lot of people have some form of diabetes (type 1 or type 2) and hold down a variety of jobs with no issues. It seems like the media is making a mountain out of a molehill.
 
This is what I found when I did a search on her decisions on disability issues. I am not sure what that means for the future but it does seem at least hopeful that she is aware of the issues real people face.

Some of Judge Sotomayor’s best known legal opinions concern discrimination against people with disabilities. In the case of Bartlett v. New York State Board of Law Examiners, Judge Sotomayor ruled that a law school graduate who had a diagnosable learning disability and a similar disability related to reeading was legally entitled to extra time to take the bar exams. Sotomayor’s opinion read, in part ““By its very nature, diagnosing a learning disability requires clinical judgment.” After the Supreme Court decided that people who can function “normally by wearing glasses, taking medication, or otherwise compensating for their disability” are not protected under the Americans With Disabilities Act, the Supreme Court told Sotomayor’s appeals court to reconsider their decision in this case. Judge Sotomayor again found that the woman was disabled, and must be given “certain accommodations” — Sotomayor wrote that test scores alone were not enough to diagnose a disability. A similar case involved a trucking company that rejected applicants who were taking certain medications. Judge Sotomayor dissented from the majority opinion of her court, writing that the trucking company (Hunt) had determined the applicants were “substantially limited in the major life activity of working,” and not simply “unsuited for long-distance driving of Hunt’s trucks on irregular stressful schedules.” Sotomayor’s best known opinions are generally dissentions.
 
Assuming she is seated, having a justice who is “sensitive and informed” about disability issues will certainly improve the “quality and breadth” of the reviews. I do not know if her “interest” in this area comes from the awareness that co morbid conditions and their associated disabilities are a possibility with type 1 or other exposure to disability issues or some combination of the 2.

On the higher courts it is often not the specific vote which makes the biggest impact on the final decisions, but interest and willingness to “research” the area before the court and to be able to ask insightful and probative questions that may educate and sway the “swing votes”. In the area of disability and discrimination law Sotomayor has shown a willingness and interest to do this.

bookwormde
 













Save Up to 30% on Rooms at Walt Disney World!

Save up to 30% on rooms at select Disney Resorts Collection hotels when you stay 5 consecutive nights or longer in late summer and early fall. Plus, enjoy other savings for shorter stays.This offer is valid for stays most nights from August 1 to October 11, 2025.
CLICK HERE













DIS Facebook DIS youtube DIS Instagram DIS Pinterest

Back
Top