The applications of the ADA to both juvenile justice systems and their facilities and the incarceration of disabled individuals may prove to be very successful. What this means is the litigators and their use of this policy, and Section 504 of the Rehabilitation Act, could grant accommodations and recognition of discriminatory policies and actions that were previously unsuccessful. However, the successfulness of these attempts would still be at the mercy of the courts and their rulings. The courts shape the legal and legal policy revolving around the ADA and its involvement with the criminal justice system. In turn, this would shape social views of Americans, both towards the criminal justice system and their understanding of individuals who have disabilities. Furthermore, the undefined applications of these policies provide inconsistent and unfair treatment of youth and adults with disabilities who are involved in the criminal justice
system. If the courts ruled in favor of these suits, we might see such a change take place, similarly to the desegregation cases in Brown v. Board of Education. But this would all depend on how these rising cases play out in the foreseeable future. While there are many instances where there is no Supreme Court decision, there have been issues concerning ADA policy that had essentially flipped. First of all, Title I of the ADA protects individuals with disabilities from discrimination from their employers, while Title II protects them from the state and local government or any other public entity (Brooks, 2019). At first, the courts’ rulings held that Title II could be used as protection against employment discrimination. The courts held that Title II could be applied just as Section 504 of the Rehabilitation Act (Brooks, 2019). The Eleventh Circuit reached this conclusion in Bledsoe v. Palm Beach County Soil and Water Conservation District (Brooks, 2019). The Attorney General’s opinions on the matter (which are considered by the court in high regard) corresponded with that of the Eleventh Circuit’s decision in Bledsoe , holding the stance that Title II is applicable (Brooks, 2019). This instance provides contextual evidence on what the courts undergo in a Circuit split, and how they need to be resolved. This was a divisive issue, that is still controversial. Brooks makes the argument that the decision was wrongfully made, and that the decision completely disregards the Attorney General’s opinion. However, it was at least resolved, and gives a uniform application of the ADA policy regarding employment discrimination. Still, it is evident that the decisions of the Supreme Court on these issues effect how scholars and other individuals look at the courts and their decision-making. Whether that view be in contentment or disagreement with their decision.
Initially, the litigation revolving around the ADA was troublesome. The courts were frequently dismissive of cases, regarding individuals as not possessing a disability, thus drastically reducing and limiting who was protected under the legislation (Porter, 2019).
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- Fall '19
- Supreme Court of the United States, Brown v. Board of Education, Americans with Disabilities Act of 1990