Specter letter
August 26, 2005
The Honorable Arlen Specter
United States Senate
Chairman, the Judiciary Committee
Washington, DC 20510Dear Chairman Specter:
The American Association of People with Disabilities (AAPD), the National Council on Independent Living (NCIL), and the Judge David L. Bazelon Center for Mental Health Law (Bazelon Center) want to express their deep appreciation to you for the letter you wrote to Supreme Court nominee Judge John G. Roberts, Jr. (dated August 23, 2005). The issues on which you focused regarding the Americans with Disabilities Act (ADA) specifically address our concerns regarding the judicial process for nominations to the higher courts and in particular the Supreme Court. You have been a champion for the disability community on numerous occasions, Chairman Specter, and we are very grateful for your continuing support. Many of our members hail from Pennsylvania and are among our most active advocates in the disability community.
To date, Chairman Specter, none of our organizations have come out in opposition to Judge Roberts. But we do have questions. AAPD, the country’s largest cross-disability membership organization, promotes the economic and political empowerment of all 56 million children and adults with disabilities in the United States. It was founded in 1995 to help unite the diverse community of people with disabilities, including their family, friends and supporters, and be a national voice for change in implementing the goals of the ADA. NCIL is the oldest cross-disability, grassroots organization run by and for people with disabilities. Founded in 1982, NCIL represents over 700 organizations and individuals including centers for independent living, Statewide Independent Living Councils, individuals with disabilities, and other organizations that advocate for the human and civil rights of people with disabilities throughout the U.S. The Bazelon Center is a national legal advocate for people with mental disabilities. Through precedent-setting litigation and in the public policy arena, the Bazelon Center works to advance and preserve the rights of people with mental illnesses and developmental disabilities. We represent hundreds of thousands of people with disabilities whose lives are greatly impacted by judicial decisions.
Your remarks regarding both Tennessee v. Lane and Alabama v. Garrett really resonated in our community since both were 5 to 4 decisions – one for and one against us! You can understand our belief that our lives literally hang in the balance by a single vote of the Supreme Court. Your effort guarantees that there will be meaningful discussion of the response of the federal judiciary to the rights of Americans with Disabilities – an area that has all too often been relegated to the periphery of debate around the federal judiciary.
Based on concerns raised by Justice Roberts’ record as well as by recent Based on concerns raised by Justice Roberts’ record, as well as recent trends in
federal jurisprudence, we will be submitting to the Judiciary Committee by early next week a series of questions on matters of great important to our organizations.
They center on these issues:
The right to private action (particularly in fair housing and Medicaid cases);
- Definition of disability;
- Reasonable accommodations;
- Undue burden; and
- Olmstead implementation.
We would very much appreciate your assistance in posing these questions to Judge Roberts.
In conclusion, Chairman Specter, we would request that a representative of our organizations be allowed to testify at Judge Roberts’ hearing. Andrew J. Imparato, president and CEO of AAPD, is an attorney and has testified on several occasions before the Senate and the House on issues regarding ADA and people with disabilities. Again, we thank you for your support and we look forward to participating in some way in the upcoming hearings on Judge Roberts.
Sincerely,
Andrew Imparato, President and CEO
American Association of People with DisabilitiesJohn Lancaster, Executive Director
National Council on Independent LivingRobert Bernstein, Executive Director
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