In the United States, Medicaid is a program that provides health insurance for some people with limited income and resources. The program is partially funded and primarily managed by state governments, which also have wide latitude in determining eligibility and benefits, but the federal government sets baseline standards for state Medicaid programs and provides a significant portion of their funding.
Ann Althouse is an American law professor and blogger.
The Education for All Handicapped Children Act (sometimes referred to using the acronyms EAHCA or EHA, or Public Law 94-142 was enacted by the United States Congress in 1975. This act required all public schools accepting federal funds to provide equal access to education and one free meal a day for children with physical and mental disabilities. Public schools were required to evaluate children with disabilities and create an educational plan with parent input that would emulate as closely as possible the educational experience of non-disabled students. The act was an amendment to Part B of the Education of the Handicapped Act enacted in 1966.
Cooper v. Aaron, 358 U.S. 1 (1958), was a landmark decision of the Supreme Court of the United States, which denied the school board of Little Rock, Arkansas, the right to delay racial desegregation for 30 months. On September 12, 1958, the Warren Court handed down a per curiam decision which held that the states are bound by the Court's decisions and must enforce them even if the states disagree with them, which asserted judicial supremacy established in Marbury v. Madison. The decision in this case upheld the rulings in Brown v. Board of Education and Brown II which held that the doctrine of separate but equal was unconstitutional.
Raymond Joseph "Ray" Broderick was an American jurist and politician from the Commonwealth of Pennsylvania. A member of the Republican Party, he served as the 24th lieutenant governor of Pennsylvania from 1967 to 1971 and as a United States district judge of the United States District Court for the Eastern District of Pennsylvania.
Youngberg v. Romeo, 457 U.S. 307 (1982), was a landmark United States Supreme Court case regarding the rights of the involuntarily committed and those with intellectual disabilities. Nicholas Romeo had an intellectual disability with an infant level IQ and was committed to a Pennsylvania state hospital. He was restrained for many hours of the day and repeatedly injured. The Supreme Court agreed with the Third Circuit Court of Appeals that involuntarily committed residents had the right to reasonably safe confinement conditions, no unreasonable body restraints and the habilitation they reasonably require.
Pennhurst State School and Hospital, originally known as the Eastern Pennsylvania State Institution for the Feeble-Minded and Epileptic was a state-run institution for mentally and physically disabled individuals of Southeastern Pennsylvania located in Spring City. After 79 years of controversy, it closed on December 9, 1987.
Southbury Training School is a large residential facility in the towns of Southbury and Roxbury, Connecticut. It was built in the 1930s as a large state-funded and state-operated residential and habilitative facility for adults with intellectual disabilities. It consists of 125 buildings situated on a campus of 1,600 acres (6.5 km2). It independently operates its own power, heat, sewage treatment, water, laundry, fire, ambulance, public safety, building maintenance, transportation and dietary services. It is run by the Connecticut Department of Developmental Services. The facility is listed as an historic district on the National Register of Historic Places.
Olmstead v. L.C., 527 U.S. 581 (1999), is a United States Supreme Court case regarding discrimination against people with mental disabilities. The Supreme Court held that under the Americans with Disabilities Act, individuals with mental disabilities have the right to live in the community rather than in institutions if, in the words of the opinion of the Court, "the State's treatment professionals have determined that community placement is appropriate, the transfer from institutional care to a less restrictive setting is not opposed by the affected individual, and the placement can be reasonably accommodated, taking into account the resources available to the State and the needs of others with mental disabilities." The case was brought by the Atlanta Legal Aid Society on behalf of Lois Curtis.
Rizzo v. Goode, 423 U.S. 362 (1976), was a United States Supreme Court case in which the Court held that a prophylactic injunction against non-culpable state executive officials was an overbroad interference by the Federal Courts in the state executive branches. In doing so, the court created a limit on the federal injunctive power in matters of state agency internal affairs.
In United States law, the federal government as well as state and tribal governments generally enjoy sovereign immunity, also known as governmental immunity, from lawsuits. Local governments in most jurisdictions enjoy immunity from some forms of suit, particularly in tort. The Foreign Sovereign Immunities Act provides foreign governments, including state-owned companies, with a related form of immunity—state immunity—that shields them from lawsuits except in relation to certain actions relating to commercial activity in the United States. The principle of sovereign immunity in US law was inherited from the English common law legal maxim rex non potest peccare, meaning "the king can do no wrong." In some situations, sovereign immunity may be waived by law.
Atascadero State Hospital v. Scanlon, 473 U.S. 234 (1985), was a United States Supreme Court case regarding Congress' power to abrogate the Eleventh Amendment sovereign immunity of the states.
Christian Legal Society v. Martinez, 561 U.S. 661 (2010), is a United States Supreme Court case in which the Court upheld, against a First Amendment challenge, the policy of the University of California, Hastings College of the Law, governing official recognition of student groups, which required the groups to accept all students regardless of their status or beliefs in order to obtain recognition.
Southland Corp. v. Keating, 465 U.S. 1 (1984), is a United States Supreme Court decision concerning arbitration. It was originally brought by 7-Eleven franchisees in California state courts, alleging breach of contract by the chain's then parent corporation. Southland pointed to the arbitration clauses in their franchise agreements and said it required disputes to be resolved that way; the franchisees cited state franchising law voiding any clause in an agreement that required franchisees to waive their rights under that law. A 7-2 majority held that the Federal Arbitration Act (FAA) applied to contracts executed under state law.
Community integration, while diversely defined, is a term encompassing the full participation of all people in community life. It has specifically referred to the integration of people with disabilities into US society from the local to the national level, and for decades was a defining agenda in countries such as Great Britain. Throughout recent decades, community integration programs have been increasingly effective in improving healthcare access for people with disabilities. They have been valued for providing a "voice for the voiceless"
Gunnar Dybwad (1909–2001) was an American professor and advocate for the rights of people with disabilities, particularly developmental disabilities. He is best known for his support for the social model of disability, reframing disability accommodations as a matter of civil rights, not medical treatment. The American Association on Intellectual and Developmental Disabilities gives out the Dybwad Humanitarian Award annually in his honor.
King v. Burwell, 576 U.S. 473 (2015), was a 6–3 decision by the Supreme Court of the United States interpreting provisions of the Patient Protection and Affordable Care Act (ACA). The Court's decision upheld, as consistent with the statute, the outlay of premium tax credits to qualifying persons in all states, both those with exchanges established directly by a state, and those otherwise established by the Department of Health and Human Services.
Board of Education of the Hendrick Hudson Central School District v. Rowley, 458 U.S. 176 (1982), is a United States Supreme Court case concerning the interpretation of the Education for All Handicapped Children Act of 1975. Amy Rowley was a deaf student, whose school refused to provide a sign language interpreter. Her parents filed suit contending violation of the Education for All Handicapped Children Act of 1975. In a 6–3 decision authored by Justice Rehnquist, the Court held that public schools are not required by law to provide sign language interpreters to deaf students who are otherwise receiving an equal and adequate education.
Roland Johnson was an advocate for the rights of people with disabilities and one of the founders of Self Advocates Becoming Empowered (SABE). He spent 13 years institutionalized at Pennhurst State School and Hospital, until he was released in 1971 following the civil rights case, Halderman v. Pennhurst State School and Hospital.
Thomas K. Gilhool was an American civil rights attorney. Noted as an advocate for the rights of people with disabilities, he served as the chief counsel for the Public Interest Law Center in Philadelphia from 1975 until 2000.
