Thursday, October 21, 2021
Doron Dorfman (Syracuse University), Commentary on Olmstead v. L.C. ex rel. Zimring, Rewritten Health Law Opinions (Seema Mohapatra & Lindsay F. Wiley eds., forthcoming):
The 1999 Supreme Court decision Olmstead v. L.C. ex rel. Zimring was celebrated as the Brown v. Board of Education for disability rights, as it gave meaning to the integration mandate of Title II to the Americans with Disabilities Act.
Using a Disability Legal Studies framework, this commentary puts the monumental Supreme Court decision in context, reviews the history of institutionalization in the US, analyzes the original court opinion and the reimagined feminist judgment, and discusses the future and challenges of long-term community-based care after Olmstead.