Appoint a Justice Who Understands Disability
03/14/2016 11:04 am ET | Updated 4 hours ago
Mark Riccobono
President, National Federation of the Blind
Riccobono
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Neilson Barnard via Getty Images
As a blind American who leads an organization of blind Americans, I know that
there are many issues affecting the blind and others with disabilities that
our courts, including the Supreme Court, must decide.
As just one example, lower federal courts are split on the critically important
issue of how the Americans with Disabilities Act applies to Internet websites
and the content and services that they provide. Because of the lower court
split, this issue may well be considered by the Supreme Court in the future.
Therefore, the National Federation of the Blind, of which I serve as President,
believes that the Senate should consider and vote upon President Obama's
Supreme Court nominee, when selected.
The failure of the Senate to consider a nominee before the next election will
leave the seat empty for more than a year. During that time, the court will
have only eight justices; should they be divided equally on any case, the Court
will be unable to decide it. It is unacceptable that the court should be
unable to reach decisions for so long.
Equally important to us is the question of whether or not the nominee has the
understanding that disability is one of the diverse characteristics found
among Americans, and that people with disabilities deserve to enjoy the same
rights and responsibilities as other citizens.
In a recent
guest post
on the website scotusblog.com, President Obama wrote about the factors that he
will consider in choosing his nominee. In addition to an eminently qualified
jurist, and one who understands the limits of judicial power, President Obama
said that he would seek a judge with "a keen understanding that justice is
not about abstract legal theory, nor some footnote in a dusty casebook.
It's the kind of life experience earned outside the classroom and the
courtroom; experience that suggests he or she views the law not only as an
intellectual
exercise, but also grasps the way it affects the daily reality of people's
lives in a big, complicated democracy, and in rapidly changing times." I agree
with this criterion.
People with disabilities well know that while laws like the Americans with
Disabilities Act theoretically support our equal participation in society and
protect us from discrimination, courts too often engage in cramped
interpretations of these laws that defeat their purpose. This is because too
many judges
do not yet see disabled individuals as equal.
Our laws have not, by themselves, fundamentally changed old attitudes,
stereotypes and misconceptions about the disabled. Most people do not hate us or
bear us ill will, but some have low expectations for our ability to learn, to
work, and to participate in the everyday life of our communities and of the
nation. It often seems that civil rights are meant for the non-disabled, while
the disabled are subject to limitations of those same rights.
As a general rule, those who have a disability themselves, or who have a family
member (such as a child) with a disability, are in the best position to
comprehend our full capacity, as well as the mostly artificial barriers that
prevent us from reaching it. I hope that President Obama will duly consider
this fact as he selects a nominee.
There are highly qualified judges serving in local and state courts across the
nation who have disabilities, and at least one on the federal bench (Judge
David Tatel of the U.S. Court of Appeals for the District of Columbia) who is
blind. President Obama could nominate any of these judges, assuming they
meet his other criteria.
Alternatively, he could appoint someone with experience advocating for
individuals with disabilities, or a jurist with a family member who has a
disability.
Even if he does not nominate any of the above, he should consider whether the
judge's life experience or prior jurisprudence includes an understanding
of the barriers and discrimination that we still face.
The laws and policies that are intended to help people with disabilities live
the lives we want must be interpreted in light of legislative intent and of
the experiences of disabled Americans. President Obama should nominate a judge
who understands that people with disabilities seek, and deserve, an equal
place in American life.
Follow Mark Riccobono on Twitter:
www.twitter.com/Riccobono
Source:
http://www.huffingtonpost.com/mark-riccobono/appoint-a-justice-who-und_b_9457920.html
