New Analysis: 5 Ways Trump Agenda is Disastrous for People with Disabilities

More than 15 million people with disabilities, including children and seniors, would be at risk under the Medicaid cuts proposed by House Republicans and endorsed by President Trump, according to a new study by the Center for American Progress. I'm going to address some of these points in future posts, but for now, here's the short version:
1. Trump's health care plan would push millions with disabilities into institutions.
2. Trump's policies would make it harder for people with disabilities to work.
3. Trump's education plan would harm students with disabilities.
4. Trump would slash programs that provide basic living standards.
5. Trump's administration would weaken disability rights and protections.

The analysis concludes: "If Trump were serious about helping the workers and families who've been left behind -- including millions of Americans with disabilities and their families -- he would reject policies that undermine health care, education, and other basic living standards; push people put of the labor force as well as from their homes into institutions; and erode enforcement of disability rights in favor of a policy agenda that gives people with disabilities and their families a fair shot."

Read more at "5 Ways President Trump's Agenda is a Disaster for People with Disabilities."

This is a great article to share with your friends and family members who support the Republicans' proposal. If you have a personal connection to disability issues, you have a powerful voice -- this is a short, powerful analysis that can change minds and inspire action.

SHARE THIS VIDEO: How Medicaid Cuts will Harm People with Disabilities

Just released today, this video by the Center for American Progress shows three perspectives on how proposed cuts to Medicaid will threaten the health, independence, and lives of people with disabilities. Watch and share.



Use this link to share on your Facebook and Twitter accounts:
https://youtu.be/s_aHP3O432Y

The Key to Ensuring Disability Rights? It May Be the Courts

I've shared a discouraging prediction with several friends: I think it's unlikely that the rights, treatment, and support for people with disabilities will improve over the next four years. The best we can hope for is to maintain the protections and programs that are currently in place.

That's why I was encouraged by the rapid response of the ACLU and the courts to President Trump's travel ban, which was unquestionably unconstitutional and a denial of rights based on religion. I know that will be the first of many damaging policies that will get shot down on legal grounds.

Writing for Rewire, Robyn Powell emphasizes the importance of the courts in defending and even advancing rights. She says: "As a disabled woman and an attorney, I am keenly aware of two things: Disability rights are facing significant threats under the Trump administration, and courts can greatly advance or hinder civil rights." She cites the recent Supreme Court decision Fry v. Napoleon Community Schools, which sided with the family of a 13-year-old girl who was denied the right to bring her service dog to school. The court ruled that a family can seek enforcement under the Americans With Disabilities Act (ADA) without first going through the administrative process under the Individuals with Disabilities Education Act (IDEA).

Powell writes: "If the election and Trump have taught me anything, it has been to expect the unexpected. What is clear to me is that disability rights, civil rights, Muslim rights, Jewish rights, immigrant rights, reproductive rights, LGBTQ rights, and the rights of people of color are all under attack....It is important that we actively pursue all means necessary for enforcing our civil rights...[and] the courts may indeed be our best option."

Read "Are the Courts the Solution to Ensuring Disability Rights During the Trump Era?"

The Trump Era: What It Means for People with Disabilities, and What You Can Do

If you or someone you know has a disability and are looking for encouraging words about the election of Donald Trump, you won't find it here. But it's important to evaluate the potential impact of a Trump presidency, understand how you can be involved, and how to move forward.

Where We Are Today

I started this blog in 2008 to advocate for people with disabilities during a presidential campaign that I knew would have a major impact. Looking back, there's no doubt that our choice of President Obama led to eight years of progress. Here are just a few examples:

• Health care reform that provided coverage for millions of people, prevented insurance companies from denying coverage for pre-existing conditions, and removed lifetime caps on coverage.
• Advocated for rights. The Obama Administration strongly advocated for the rights of all citizens. The Department of Justice and Department of Education issued a letter to schools telling them not to tolerate bullying -- including bullying against the 6.5 million students with disabilities.
• Signed the Workforce Innovation and Opportunity Act, pushing the Department of Labor, Department of Education, and other agencies to advance employment opportunities for individuals with disabilities.
• Launched the "Curb Cuts to the Middle Class" initiative focused on hiring people with disabilities to prepare to qualify for jobs with federal contractors and giving those employers tools to recruit and promote them.
• Signed the United Nations Convention on the Rights of Persons with Disabilities, the first new human rights treaty of the 21st century.

Many of my friends and/or Facebook friends have children with disabilities but don't appreciate the advances that have been made under President Obama. People complain about the health system, and there's certainly room for improvement, but if you have a child with a disability or chronic condition, you should cherish and fight to protect the Affordable Care Act. One way or another, changes will be made (and need to be made), but the fundamental principles -- 1) the right to health care, 2) the right to coverage for people with pre-existing conditions, and 3) the ban on lifetime caps -- must be preserved.

The Impact of a Trump Presidency

There is much fear and speculation about what Trump will do as president, but the first place to look is his stated priorities:

• Repeal the Affordable Care Act. (Something the Republican-led Congress also wants to do.)
• Reverse the expansion of Medicaid. About 10 million people on Medicaid have disabilities, representing 15 percent, and it covers not just health care, but home health aides and other critical services. If Trump repeals the ACA and turns Medicaid into a block grant program, as many as 30 million people could lose their insurance.

There is also concern that Trump will soften enforcement of the Americans with Disabilities Act, by shifting the priorities of the Department of Justice's civil rights division and other agencies. See "Disability Rights Advocates are Terrified of a Donald Trump White House" from the Huffington Post.

I don't have a crystal ball, but several patterns are emerging:

• President-elect Trump, the "outsider," is filling his transition team with "insiders." Many of them come from the Heritage Foundation, which advocate for traditional conservative positions like cutting taxes on wealthy people and corporations, repealing the Affordable Care Act, and reforming Social Security and Medicaid in ways that would negatively affect families. If you wonder how much the Heritage Foundation cares about families like yours, consider that they strongly advocated AGAINST signing the Convention on the Rights of Persons with Disabilities.
• The people he is putting on his transition team gives you a good idea of the kind of people who he will appoint to his Cabinet. Remember, many experienced, admired Republican policy experts and government officials have distanced themselves from Trump, so he will have a hard time finding qualified people for many positions. Most will argue for less government "interference," which families like ours may call "protection" for those who most need it. For example, Ben Carson, who's been mentioned as a potential secretary of education or HHS, has said that disability issues can be better managed by "businesses, industry, Wall Street, churches, and community groups." I don't know about you, but I'm not counting on Wall Street to ensure my child's education rights and health care.
• Trump's statements and behavior on the campaign trail have created more division than unity. Now that he's been elected, he's paying lip service to bringing America together, but everything he's said and done so far has had the opposite effect. His campaign has empowered bigots, racists, anti-Semites, and misogynists -- which is even more apparent now that he's been elected. Discrimination is likely to increase, and we can only hope that Trump will enforce existing laws and not weaken them. Let's just say that people with disabilities are not and will not be a high priority among his various constituencies.

What You Can Do

1. Advocate for People with Disabilities

Here are just a few organizations that will busy fighting for your rights, services, and programs in the next four years. Don't just visit these websites. Sign up for their newsletters, register for advocacy alerts, follow them on Facebook and Twitter. When issues come up, be ready to learn about them and take action.

• Here are Autism Speaks' legislative priorities. Join Autism Votes to get involved in your state.
• See Easter Seals' priorities and sign up for their Legislative Action Network.
• Follow The Arc's Action Center to keep up with issues that affect you. Sign up for alerts.
• Post a comment or email me to suggest other resources, and I'll add them here.

2. Focus on Your Family and Loved Ones

The night Donald Trump was elected president, I was in the hospital with my daughter, during an almost two-week stay. I was disappointed -- devastated -- by the results, but it wasn't the most important thing to me at the time. Do what you can do for the people closest to you. Being a good parent, spouse, and caregiver is one of the most important things you can do, no matter what else is going on in the world. Love and support the people who need you, and take care of yourself.

3. Be Nice

This may seem trite, but as much as we complain about Trump's behavior, comments, and actions, all we can control is how we act ourselves. Set an example for your children, neighbors, and colleagues by treating people with respect, tolerating different views, and trying to understand where people are coming from. We are not as divided as much as a 50-50 election may suggest. Let's focus on what we have in common, what we can do for others, and fight for what we believe in.

"I'm a Disabled American. Trump's Policies Will Be a Disaster for People Like Me."

Ari Ne'eman, president of the Autistic Self Advocacy Network, is not encouraged by the prospects of a Trump presidency. Ne'eman, one of President Obama's appointees to the National Council on Disability from 2010 to 2015, says he was bothered by Trump's mocking of people with disabilities, but he has been more focused on policy.

He writes, "Hillary Clinton offered clear, specific, and timely policy proposals to expand the social safety net and civil rights of people with disabilities, while Trump made clear his intent to slash services and roll back legal protections. For the millions of Americans with disabilities who depend on Medicaid and the Affordable Care Act to access the health care and public services that mean basic survival, it is policy -- not personal insult -- that has brought terror and despair in the aftermath of Trump's victory."

His concerns:

• Trump plans to slash the main source of federal financing for disability and aging services.
• Trump plans to eliminate critical legal protections for disabled people in the health care system.
• Trump may be about to set back federal autism policy by at least a decade.

But there's hope:

• Disability activists have faced down conservative attempts to roll back disability rights before -- and won.
• The Trump presidency will be a disaster -- but even a disaster presents certain opportunities.

Read his detailed analysis at vox.com, "I'm a Disabled American. Trump's Policies Will Be a Disaster for People Like Me."

Do You Have a Plan? Resources for Voters with Disabilities

Easter Seals, one of the leading national advocacy organizations for people with disabilities, has prepared a helpful checklist to ensure that all eligible voters can vote. The organization has partnered with the American Association of People with Disabilities (AAPD) on a campaign called REV UP to ensure that Americans with disabilities can fully participate in the political process. The campaign is about much more than a a presidential election every four years -- "REV UP" stands for "Register, Educate, Vote, and Use Your Power."

Read and print the one-page checklist here, and download a voting resource card with important phone numbers. You'll also find tips for finding your polling place and making arrangements for curbside voting, mobile voting at long-term care facilities, and getting transportation on election day -- as well as specific links for topics including deaf and hard of hearing, blind or low vision, mobility, and intellectual and developmental disabilities. Read more.

Additional resources:

• "10 Tips for Voters with Disabilities" from the U.S. Election Assistance Commission
• The Arc's "Know Your Rights" toolkit
• "ADA Checklist for Polling Places" from the Civil Rights Division of the U.S. Department of Justice
• "A Guide to the Voting Rights of People with Mental Disabilities," a new guide from the Bazelon Center for Mental Health Law

Obstacles for Voters with Disabilities

"For many people with disabilities, the question is not will they vote, but can they vote." Read Vox's article "Americans with Disabilities Struggle to Exercise a Right that Most Take for Granted -- Voting."

Review the Justice Department's ADA Checklist for Polling Places.

Listen to or read NPR's story "Disabled Voters Fight for More Accessible Polling Places."

Secretary Clinton on ADA: "We Still Have Work to Do"

In 2015, Hillary Clinton spoke in Ames, Iowa, about the 25th Anniversary of the Americans With Disabilities Act:

"I think that we should acknowledge how the disabilities community has played such an important role in changing things for the better in our country," she said. Speaking of her first job after law school at the Children's Defense Fund, she said she went door to door to ask families if they had a child who wasn't in school. "I heard mostly that, yes, we have a blind child, a deaf child, a child in a wheelchair, a child with some other kind of disability that is not accepted in school. So we gathered up all of our evidence, and we presented it to the Congress, and that first effort resulted in passing Education for All, and all children with disabilities were given the right to go to school."

She added, "We've come a long way in the last 25 years. We still have work to do. We're by no means finished....There's a lot of unfinished business -- both at home, and around the world....We have our faults and we have our challenges, but there isn't any nation that has continually tried to push forward to widen the circle of opportunity the way we have. Despite the continuing problems that we face, we're going to keep doing that."

Read her full statement.

A Vote Against People with Disabilities

Around the world, 126 countries have ratified the United Nations Convention on the Rights of Persons with Disabilities. Unfortunately, the United States is not one of those countries.

Today, all but eight Republicans in the Senate voted against ratifying the treaty, which
was modeled after the Americans With Disabilities Act. The Senate actually voted 61-38 in favor of ratification, but a full two-thirds majority was required -- and the count was five votes short.

The treaty was supported by disability advocates, veterans groups, and prominent Republican leaders, including former Senator Bob Dole and Senator John McCain.

I'll let two senators explain for themselves why they voted the way they did:

For:
Senator John Kerry (D-Mass.): "It really isn't controversial. What this treaty says is very simple. It just says that you can't discriminate against the disabled. It says that other countries have to do what we did 22 years ago when we set the example for the world and passed the Americans with Disabilities Act."


Against:
On the other hand, Senator Jim Inhofe (R-Okla.) apparently doesn't think too highly of the United Nations, saying "I do not support the cumbersome regulations and potentially overzealous international organizations with anti-American biases that infringe upon American society."

While supporters of the treaty made the case that the treaty would not change American law, opponents like the Heritage Action for America claimed that it would lead to more abortions, interfere with the rights of parents to homeschool their children, and "erode the principles of American sovereignty and federalism." As crazy as it sounds, those arguments were enough to persuade 38 Republican senators to go on record as opposing the rights of people with disabilities. I wonder if disability groups will remember those 38 when they run for reelection.

Coelho: "No President Has Done More for the Disabled Community"

From the Disability Power & Pride website, here's a message from former House Majority Whip Tony Coelho, a lifelong advocate for people with disabilities and a primary sponsor of the Americans with Disabilities Act.

"Friends, serious challenges confront our great nation. In the next four years, decisions will be made that will impact us as people with disabilities, our neighbors, friends, and families. Ask yourself who do you trust to make these tough decisions? A President that works tirelessly for our rights or someone who has not listened to our community?

"In the 40 years I have been in Washington DC involved in politics and government - no President has done more for our community than President Obama. Our community just has to look what the health care law does for us -- we probably benefit more than any other community! And I don't have to even go into the Medicaid debate.... Because of the President's leadership and commitment to our community, his administration has upheld our rights under the Olmstead Decision, the Americans with Disabilities Act, and countless programs ensuring people with disabilities have a level playing field. Now is not the time to turn back.

"We possess great political power. It’s simple math. People with disabilities have power when we unite and vote. Let's take pride in our diverse community and unite to uphold the dreams of Americans with disabilities."

Read Coelho's full post. 

ADA Turns 20

Today President Obama celebrated the 20th anniversary of the Americans with Disabilities Act. Read his remarks.

Wheelchairs and Burritos: Court Says Chipotle Violated ADA

Maybe it's because I'm a fan of Chipotle, but I'm not sure how I feel about a recent ruling against the restaurant for violating the Americans with Disabilities Act -- because it's counters are too high for people in wheelchairs to see the food. I've noticed before that the walls are too high for even some short people, like children, to see the ingredients, but no one is denied any food. The people who sued want Chipotle to lower their walls, but I wonder if it would be an acceptable compromise to offer a menu with photos so people could choose their ingredients. Another chain, Qdoba, is set up the exact same way. Read about the San Diego case from 10News.

What do you think?

20th Anniversary of ADA

I have not been very good about keeping this blog up to date. Has anyone noticed?

The biggest news story since I last posted is the 20th anniversary of the Americans with Disabilities Act (ADA). Patricia Bauer at Disability News has a good summary of media coverage.

Read more on the anniversary:

Autism Speaks blog

President Obama's executive order on Increasing Federal Employment of Individuals with Disabilities

ADA at 20: A Nation Transformed, in which Senator Tom Harkin refers to the ADA as the "Emancipation Proclamation for people with disabilities."

Proposed rule by Department of Justice to ensure web access to people with disabilities

More federal resources from ADA.gov

Are you encouraged or discouraged about where we are as a country when it comes to the rights of people with disabilities?

Making Museums More Welcoming to Blind Visitors

A Newsweek article titled "Blind Spot" says museums are finding new ways to improve the arts experience for people with visual impairments.

The Americans With Disabilities Act of 1990 requires museums to make their facilities "accessible" to everyone, but ramps and Braille museum guides only go so far for people who are blind. A 2008 Department of Justice ruling has museums trying to determine what "accessibility" really means -- or should mean -- when it comes to the arts. Nina Levent, executive director of New York's Art Education for the Blind, said "'Accessibility' is not very descriptive. The issue is, do people come to museums to ride elevators and use bathrooms, or do they come to have a meaningful social and aesthetic experience?"

In previous posts, I've expressed disappointment that Kareem Dale, the first special assistant to the president for disabilities, was asked to split his time between disability issues and the arts. But this is an example of where his two roles fit together perfectly, especially because he is visually impaired himself. The article talks about his active role with museum administrators to find new ways to open the arts to all patrons. "We are working on all fronts to try to realize the promise of the ADA," he said on a conference call. "It was a bill of rights for people with disabilities, but the original intent has been lost over the last two decades. We will restore the ADA to its original intent, and the Department of Justice has been turned loose to go after people who are violating civil-rights laws. We have a lot of work to do."

Dale is also supporting a website called Project Access that will describe the accessibility of every cultural institution, stadium, theater, national park, and public venue in the country. Paula Terry, of the Office of AccessAbility at the National Endowment for the Arts, said, "This is the first time the White House has taken this very aggressive stance. I'm not sure what to expect, but I welcome it."

Mixed Reactions to ADA Anniversary Events

Dora Raymaker of autism.change.org points out that reaction to President Obama's ceremony marking the 19th anniversary of the Americans with Disabilities Act was not entirely positive.

As an example, read the reaction from New Mobility, titled "Obama's ADA Speech Bombs." Managing editor Josie Byzek worries that President Obama "believes most of the hard work is already done (if it was ever that important to begin with), and mainly all we need now is better medical treatment, either through stem cell research or health care. Obama’s greatest praise is for the appeasers who never complain, and he gave just a passing pat on the back for the advocates who brought the ADA into being. Job done, he seems to say. No need for that type of unpleasantness any more."

Raymaker herself wrote a thoughtful analysis about her mixed feelings about the ADA, asking readers whether the ADA should get a birthday card, a get well card, or both.

To provide a balanced report, here is the statement of U.S. Labor Secretary Hilda Solis on the ADA anniversary.

I think the real question is not what people think about the president's comments on the ADA's 19th anniversary, six months after taking office. The real test for President Obama will be when we mark the 20th anniversary and reflect on what progress this administration has made in disability policy.

ADA 19th Anniversary: Remarks, Proclamation

Today is the 19th anniversary of the Americans with Disabilities Act.

As reported earlier (see post below), President Obama on Friday announced his intention to sign the UN Convention on the Rights of Persons with Disabilities. As part of a ceremony marking the ADA anniversary, the president also signed a proclamation (read full text) and commented on the work that remains to be done in the area of disability rights.

The proclamation notes: "People with disabilities far too often lack the choice to live in communities of their choosing; their unemployment rate is much higher than those without disabilities; they are much likelier to live in poverty; health care is out of reach for too many; and too many children with disabilities are denied a world-class education."

And in his remarks, the president said, "I am not satisfied -- I am proud of the progress we have made, but I am not satisfied -- and I know you are not either -- until every American with a disability can learn in their local public school in the manner that's best for them. Until they can apply for a job without discrimination and live and work independently in their communities, if that is what they choose, we have got more work to do."

Watch CSPAN's video of Friday's event.

The ADA at 19: A Time to Celebrate (and Advocate Harder Than Ever)

Sunday is the 19th anniversary of the Americans with Disabilities Act. It's nearly indisputable that people with disabilities have more rights and more access than they did before the ADA, and that's reason to celebrate. But if you're reading my blog, you probably also know that our country has a long way to go before people with disabilities are truly equal citizens. Today, we face questions like: How will people with disabilities fare in health care reform? How can we make progress in education, housing, employment, and other areas when budget cuts are devastating services for people with disabilities nationwide?

This milestone will elicit many ceremonies and speeches, including one from our president, but it will take more than words and compassion to eliminate discrimination, remove barriers, solve problems, and ensure equal rights and opportunities for all Americans. As I review remarks about this anniversary, I'll be looking for ideas, plans, and dollars -- not just progress reports.

In the meantime, I want to share several important resources that may help you learn more -- and teach others -- about the ADA and its importance. I encourage you to add your own comments on 1) the significance of the ADA, 2) steps we still need to take, or 3) other resources you'd like to share.

LINKS
- Full text of the Americans with Disabilities Act of 1990 (as amended in 2008)
- About the ADA
- History
- How the ADA Defines "Disabilities"
- ADA Training (podcasts, toolkits, conferences, and more)
- Resources (employment, youths with disabilities, and more)
- Information on Accessible Technology

Thanks to the Disability and Business Technical Assistance Center (DBTAC) National Network of ADA Centers for these resources. Learn about DBTAC and find even more on its website.

QUOTES OVER THE YEARS
"With nearly 54 million Americans living with disabilities, it must be a priority for our government to do everything it can to protect and respect the needs of these Americans. I am proud the Senate passed this Act today to reverse judicial decisions that permit discrimination against persons with disabilities. Eighteen years ago, enacting the Americans with Disabilities Act was a historic milestone for millions of Americans when it was signed into law. It gave Americans with disabilities better access, more opportunities, and increased independence."
- Senator Barack Obama, on the Senate's passage of the ADA Amendments Act of 2008, Sept. 11, 2008

"The ADA is one of the most successful civil rights laws in our history and has been an essential part of countless American lives."
- President George W. Bush, proclamation on the 18th anniversary of the ADA, July 26, 2008

"In 1992, I issued a challenge to our nation. I said we must not rest until America has a national disability policy based on three simple creeds; inclusion, not exclusion; independence, not dependence; and empowerment, not paternalism. I remain committed to that vision and I want to thank all of you for working so hard with us to make it a reality. More than ever before in our history, America's greatness in the next century will depend upon the ability of our citizens to make the most of their own lives. Americans with disabilities are an enormous, largely untapped reservoir of that potential."
- President Bill Clinton, May 23, 1996

"This Act is powerful in its simplicity. It will ensure that people with disabilities are given the basic guarantees for which they have worked so long and so hard. Independence, freedom of choice, control of their own lives, the opportunity to blend fully and equally into the rich mosaic of the American mainstream."
- President George H.W. Bush, ADA signing ceremony, July 26, 1990

"Injustice anywhere is a threat to justice everywhere."
-- Martin Luther King Jr.

President to Sign International Disability Treaty

Earning its name, Disability Scoop reports two days early that on Friday, President Obama will announce he will sign the UN Convention on the Rights of Persons with Disabilities. It's no coincidence that Friday is also the 19th anniversary of the Americans with Disabilities Act.

To date, 140 countries have already signed the treaty, which seeks to remove barriers for approximately 650 million people with disabilities around the world.

White House spokesman Shin Inouye told Disability Scoop, "On Friday, the president will announce this administration’s decision to join all the other nations who have signed this convention, thereby affirming internationally the commitment enshrined in our own national law and our long-standing leadership in protecting the rights of people with disabilities."

Read more at the United Nations' Enable website, a great resource for disability rights around the world.

UPDATE: United States International Council on Disabilities (USICD) applauds the president's decision, calling the treaty "good for America, good for people with disabilities, and good for the world."

Is Obesity a Disability?

At the annual meeting of the American Medical Association, doctors discussed whether obesity is a disability that should be covered by the Americans with Disabilities Act. They said no.

According to ABC News, the doctors' rationale was that labelling obesity as a disability could restrict communication with their patients. They fear they could be reprimanded if they offended a patient by telling the truth: "You're overweight, you're at risk, and you need to lose weight."

The AMA's resolution states: "We do not want to have this limit the ability to have doctors talk about a very serious condition. If obesity is designated as a disability, physicians could be sued or reprimanded for discrimination under the Americans with Disability Act if a patient takes offense at the physician discussing obesity. Therefore be it resolved that our American Medical Association not support the effort to make obesity a disability."

Sonia Sotomayor: The Supreme Court Nominee's Record on Disabilities

Yesterday President Obama nominated Sonia Sotomayor to replace Justice David Souter on the U.S. Supreme Court. I'll let others debate her qualifications and her historic relevance as the first Hispanic nominee to the Court. Instead, I'll highlight her experience related to disability policy and special education.

Initial reaction from disability advocates appears to be positive. Andrew J. Imparato, president and CEO of the American Association of People with Disabilities, said: "Based on our preliminary analysis of Judge Sotomayor’s extensive record on the bench, we are encouraged that she may be the champion we have been looking for. Her jurisprudence in the disability area shows that she has a good understanding of the real life implications of her decisions and sees the important connections between disability rights laws and other civil rights laws."

Among her cases as a judge on the U.S. Court of Appeals, Sotomayor ruled on issues related to the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Act (IDEA), Social Security, and Medicaid. In its analysis of these and other issues, Eduwonk.com concludes: "Judge Sotomayer seems inclined to favor student rights...and seems to in general be sympathetic to individuals over the system. And disability advocates will also likely have another friend on the high court if she is confirmed."

In Frank G. v. Board of Education of Hyde Park, she was part of a unanimous decision by a three-judge panel stating that parents can get reimbursed for private school tuition for a child with disabilities even if the child has never received services from their home school district.

Sotomayor ruled favorably at least one ADA case, Bartlett v. New York State Board of Law Examiners. In the case, a woman with significant learning disabilities (diagnosed as an adult) sought accommodations to take the New York State Bar examination. Sotomayor ruled in favor of these accommodations. In fact, her decision was mentioned during the debate on the ADA Amendments Act of 2008. Here's an excerpt from the Congressional Record from Sept. 17, 2008:

"Mr. STARK: Specific learning disabilities, such as dyslexia, are neurologically based impairments that substantially limit the way these individuals perform major life activities, like reading or learning, or the time it takes to perform such activities often referred to as the condition, manner, or duration. This legislation will reestablish coverage for these individuals by ensuring that the definition of this ability is broadly construed and the determination does not consider the use of mitigating measures.

"Given this, would the chairman agree that these amendments support the finding in Bartlett v. New York State Board of Law Examiners in which the court held that in determining whether the plaintiff was substantially limited with respect to reading, Bartlett's ability to 'self-accommodate' should not be taken into consideration when determining whether she was protected by the ADA?

"Mr. GEORGE MILLER of California: Yes, I would. As we stated in the committee report on H.R. 3195, the committee supports the finding in Bartlett. Our report explains that 'an individual with an impairment that substantially limits a major life activity should not be penalized when seeking protection under the ADA simply because he or she managed their own adaptive strategies or received informal or undocumented accommodations that have the effect of lessening the deleterious impacts of their disability.'

"Mr. STARK: I want to thank the chairman. It is indeed our full intention to ensure that the civil rights law retains its focus on protecting individuals with disabilities and not the interests of entities that may need to address their practices in accordance with the ADA. I look forward to working with the chairman to continue to protect individuals with specific learning disabilities to ensure that unnecessary barriers are not being erected in their path."

Read excerpt (page 6).

Also, as Time magazine reports, Judge Sotomayor would become the first Supreme Court Justice with Type 1 diabetes, a condition that was diagnosed when she was 8.

What are your thoughts on Sotomayor's qualifications and potential impact on disability law?