U.S. Supreme Court Justice Sandra Day O’Connor recently predicted that the current term would be remembered for its rulings interpreting the Americans With Disabilities Act. With two ADA decisions out and two more to go in the next two months, she may be right. How those rulings will be remembered is less certain. O’Connor attributed the spate of cases to congressional imprecision in writing the ADA a dozen years ago, but so far the court’s own decisions are not producing bright-line rules either, leaving both sides discontented and uncertain about what to do next. Congress may be enlisted to repair the law and neutralize the effects of the court’s rulings.
“We’re going to wait until the term ends,” says Georgetown University Law Center Professor Chai Feldblum, a leading disabilities rights advocate. “But when the dust settles, business may have as much incentive to call up Congress for help as we do.”
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