Disability Law Blog

Article III Groupie Interviews Judge Robert W. Gettleman, District Court Judge in the Seventh Circuit

Sometimes the 3-5 readers of this blog (excluding Mom) send us interesting stories or links about life outside our little backwater of the Internet. Here is a missive we recently received from Article III Groupie who writes Underneath Their Robes, a blog that contains--as Article III Groupie describes it -- "news, gossip, and colorful commentary about the federal judiciary."  (Be forewarned: A3G is a mistress of understatement.)

"I was just writing to bring to your attention my recent interview with Judge Robert Gettleman (N.D. Ill.), which some of your readers may find interesting. Judge Gettleman, who overcame polio as a child, had some very thoughtful remarks about how that experience led him to become involved in disability rights issues as a lawyer and how it has affected his work as a judge. He also has some critical remarks about the Supreme Court's ADA precedents."

So particularly for the folks in Illinois who toil away at Social Security appellate work, here is Article III's interview with Judge Gettleman. It's an excellent read. Enjoy!

The Promise of the ADA Remains Unfulfilled

In a recent speech at New York Law School, House Democratic Whip Steny H. Hoyer, D-Maryland, said:

“Under this new law, Americans with disabilities were guaranteed that employers could not discriminate against them simply because they have a disability,” Hoyer says. “However, our progress and the best efforts of so many in the business community must not obscure this fact: The promise of the ADA remains unfulfilled for far too many of America’s 54 million disabled citizens. . . . “Congress must make unmistakably clear that we intended the phrase ‘disability’ to include every person in America with a disability, not merely those who can avoid interpretational traps constructed by hostile courts,” Hoyer said. “There are many different ways of accomplishing this goal, and it may even require changing the literal definition of ‘disability’ that is written in the ADA.”

The ADA (and, for that matter, the 30-year old ERISA statute) really are shadows of their former selves after the Courts interpreted the original protective intent right out of them. It really will take the proverbial Act of Congress to give them a full set of dentures. Thanks to James Hellegaard, Communications Director at New York Law School, for the heads up.