Law Commons^™

Interpreting The Americans With Disabilities Act: A Case Study In Pragmatic Judicial Reconstruction, Michael L. Selmi

Michael L Selmi

This article challenges the prevailing academic consensus regarding the Supreme Court’s interpretation of the Americans With Disabilities Act (“ADA”), and does so in the context of theories of statutory interpretation. Virtually all academic commentary has condemned the Court’s interpretations as constituting a “judicial backlash” against the disabled, given that the Court’s interpretations have significantly narrowed the scope of the statute. My analysis offers a counter narrative. I contend that although the Supreme Court’s interpretations have narrowed the statute’s scope, and have done so without regard to congressional intent, their decisions are largely consistent with congressional expectations and reigning social norms …