An Overdue Clarification

Buried underneath the avalanche of stories about the ongoing bailout negotiations is news that President Bush signed into law the ADA Amendments Act of 2008. I blogged last year at the BBC about efforts in Congress to restore the original intent of the Americans with Disabilities Act after several Supreme Court decisions held that a person isn’t disabled if his or her impairment can be ameliorated with drugs or medical devices (e.g. an insulin pump for someone who is diabetic or seizure medication for someone who has epilepsy). The ADA Amendments Act rebukes those decisions by providing a more inclusive definition of “disability”. Individuals bringing suit under the ADA will no longer have to prove that they are “disabled enough” to qualify for the law’s protection.

And somewhere in Georgetown, Justice Scalia is shaking his fist at the Capitol and shouting, “Damn you, Congress!”