May 13, 2020 Feature

Disability and Access Perspectives from Judiciary Personnel on Issues of Accessibility

By Mamadi Corra

In 2004, the U.S. Supreme Court affirmed the constitutionality of Title II of the Americans with Disabilities Act “as it applies to the class of cases implicating the fundamental right of access to the courts.”1 In his majority opinion in Tennessee v. Lane, Justice John Paul Stevens wrote that Title II “seeks to enforce a variety of other basic constitutional guarantees, infringements of which are subject to more searching judicial review.” The opinion noted that these other guarantees included the right of access to courts protected by the Due Process clause of the Fourteenth Amendment.

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