After writing my last article was published, I was contacted by a lady seeking assistance with her disabled husband. She told me of their fight for Rights. Right of Employment. It is a great problem many disabled individuals face. Once she realized I was neither an attorney, nor part of an advocacy group, I never heard from her again.
As a writer, and a person living with a disabled American, the topic is one that I will probably address in more than one article. The fight of the disabled is on-going, and the laws that were passed in Congress’ attempt to lessen the discrimination, or equal the playing field if you will, have lost their teeth.
There were a couple of cases before the Courts that showed Congress’ original intent, then as time went on the Supreme Court began removing the strength of the laws until the laws fizzled to have no effect. It’s kind of like the “blue” laws, such as not being able to pantyhose on Sunday. The law is still there, but not enforced, no one takes the law seriously. Well, that is what has happened.
After studying Goodman v. Georgia (04-1236) and United States v. Georgia (04-1203); Tennessee v. Lane (02-1667) 541 U.S. 509 (2004) 315 F.3d 680, affirmed; even going back to Slaughterhouse Cases [*] () 100 U.S. 1; it is apparent what Congress intended when they enacted protection for the disabled.
One thing I have found about reading Supreme Court cases especially the older ones, many of them are very long and can be quite boring, but extremely interesting at the same time. The Great Supreme Court Justices, and I say Great due to the fact they focused on what “the framers intended”, and their almost poetic rulings; the Great Supreme Court Justices would analyze what the case was about, then go and analyze what “the framers” had “intended” when passing a law or making an Amendment to The United States Constitution.
It is a duty of each and every citizen of this country to know their Rights and fight to enforce...