SCOTUS nominations

Mar 9, 2016 | Nation Inside Team

Favorite line(s): “[T]he District’s suggestion that a prison facility need not act to accommodate an obviously disabled inmate if the inmate does not ask for accommodations (see Def.’s Mot. at 5) is truly baffling as a matter of law and logic. The District does not explain how inmates with known communications-related difficulties (such as Pierce) are supposed to communicate a need for accommodations, or, for that matter, why the protections of Section 504 and Title II should be construed to be unavailable to such disabled persons unless they somehow manage to overcome their communications-related disability sufficiently enough to convey their need for accommodations effectively. . . .This imagined state of affairs is unquestionably inconsistent with the text and purpose of the Rehabilitation Act and the ADA, which means that the District must now face a stark reality: no matter how fervently it holds the belief that a public entity’s duty to provide accommodations arises only by request, there is neither legal nor logical support for that proposition.”