Judicial Scrutiny and Disability : How the Supreme Court Applies the 14th Amendment to Disability Cases

Abstract

The 14th Amendment’s Equal Protection Clause has been an invaluable tool for courts to strike down discriminatory laws effecting protected classes. However, constitutional protections for disability related discrimination remains the weakest of all protected classes determined by the court. Traditional legal options for pursuing disability discrimination cases have largely been limited to strategies that rely on legislation like the ADA, IDEA, The Fair Housing Act, etc. However, in accordance with those statutes, there remain many state laws that continue to facially discriminate against people with disabilities, limiting rights for voting, marriage, family relations, and other vital areas of personal autonomy.