Civil Rights

The ADA Under Siege? What the Supreme Court’s Latest Ruling Means for Disability Rights

A pull quote from Supreme Court Justice Ketanji Brown Jackson, “it would be deeply unfortunate if the Equal Protection Clause actually demanded this perverse, ahistorical, and counterproductive outcome.”

The recent U.S. Supreme Court decision to overturn race-conscious admissions in colleges has left me, as a disability advocate, deeply concerned. The ruling, which challenges affirmative action, makes me wonder: What does this mean for other minority groups, especially the disabled community?

With this ruling, the Supreme Court continues its historic march backward on civil rights; seemingly hellbent on taking them all back piece by piece.

Will Hild of Consumers'​ Research told The Washington Post the ruling “will put the wind in the sails of groups like ours, who want to get the woke, racially based hiring and promotion schemes out of corporate America.” This statement raises alarm bells. If the court is willing to challenge affirmative action, is the Americans with Disabilities Act (ADA) next?

Furthermore, Hild mentions that legal precedents allowing race-conscious admissions have been a “fig leaf” for private sector diversity initiatives. With this ruling, he predicts a “free-for-all on pushing back against that.” This suggests that the ruling could embolden challenges to diversity initiatives across the board, including those aimed at disability inclusion.

In a scorching dissent, Justice Sonia Sotomayor stated that “the devastating impact of this decision cannot be overstated.” She added that the decision “cements a superficial rule of colorblindness as a constitutional principle in an endemically segregated society where race has always mattered and continues to matter.”

Justice Ketanji Brown Jackson, wrote in her dissent that “it would be deeply unfortunate if the Equal Protection Clause actually demanded this perverse, ahistorical, and counterproductive outcome.”

The ADA has been a cornerstone for disability rights, ensuring equal opportunities for people like me. I am one of the 61 million disabled adults in the United States. As a wheelchair user and service dog handler to Canine Companions® Pico, the ADA has been instrumental in my life. But this ruling might embolden groups to challenge not just racial diversity but diversity as a whole.

We must remain vigilant and proactive. The progress we’ve made in disability rights is monumental, but it’s also fragile. We must ensure that this ruling does not become a precedent for eroding the protections that the ADA provides.

As we enter Disability Pride Month, as we celebrate Independence Day, we must not become complacent. I urge you all to stay informed, engage in discussions, and stand up for the rights of all minority groups. Our diversity is our strength. Let’s protect it.

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