This paper explores the role of the U.S. Supreme Court in national policy-making, particularly focusing on disability rights as shaped by the Americans with Disabilities Act of 1990. It analyzes the Court's influence through the lens of the policy cycle, emphasizing the stages of agenda-setting and policy implementation. The paper concludes that the Supreme Court has significantly impacted the interpretation and application of the ADA, often narrowing the definition of "disability" and influencing legislative amendments such as the ADA Amendments Act of 2008. The Court's decisions reflect its role in shaping national policy beyond mere judicial review, highlighting its active involvement in defining disability rights in the United States.
First, the commonly applied concept of the policy cycle is introduced which divides the policy process into five phases. Second, the paper presents a concise overview of Dahl’s research regarding the U.S. Supreme Court as being an actor in national policy-making. The author’s research is focused on as it belongs to the pioneering works in this field and looks beyond the Court’s right of judicial review which clearly enables the judiciary to overturn congressional acts by Constitution.
Third, the legislative summary of the Americans with Disabilities Act of 1990 points out the act’s strengths and weaknesses. The latter building the basis for several lawsuits following the ADA’s adoption. Fourth, the role of the Supreme Court in the policy making process of the ADA is examined more thoroughly. It remains to be examined how actively the Supreme Court affected the main piece of legislation dealing with disability rights. Last, the conclusion summarizes the arguments made and provides a condensed answer to the research question of this paper.
Table of Contents
1. Introduction
2. Methodology
3. Theoretical Framework
4. Americans with Disabilities Act (ADA)
5. Analysis
5.1 Agenda-Setting
5.2 Policy Implementation
5.3 Policy Evaluation
6. Conclusion
Research Objectives and Key Topics
This paper examines to what extent the U.S. Supreme Court has acted as a national policy-maker in the implementation of the Americans with Disabilities Act (ADA) of 1990. By applying the concept of the policy cycle, the research analyzes how the Court's judicial interpretations, particularly regarding the definition of disability and corporate accommodation requirements, have influenced the evolution and efficacy of this landmark civil rights legislation.
- The role of the U.S. Supreme Court as a political actor and policy-maker.
- Application of the policy cycle framework to disability rights legislation.
- The impact of Supreme Court litigations on the definition of 'disability'.
- The interplay between congressional intent and judicial interpretation in federal policy-making.
Excerpt from the Term Paper
Policy Implementation
The fourth stage of the policy cycle allows for the greatest opportunities for the U.S. Supreme Court to affect national policy making. The topic of disability is a very emotional one. Both main sponsors of the ADA in Congress were personally familiar with the problem of discrimination on grounds of disability. In the Senate, then-Senator Tom Harkin (D-IA) has a deaf brother and in the House of Representatives, Tony Coelho (D-CA) was diagnosed with epilepsy at the age of 15. Selmi (2008) suggests that the personal experiences of the two main sponsors might have preempted congressional opposition on this topic. In fact, the initial draft of the ADA was published by an external agency and was met with overwhelming approval once introduced at the respective Congress meetings. Congressmen and –women widely supported the underlying ideological message of the act to abolish any grounds of discrimination against people with disabilities. This broad consensus rendered meticulous discussions on individual provisions redundant, in the eyes of the congressional decision-makers, and too little time was spent to produce a (legally) convincing piece of legislation. Therefore, the U.S. Supreme Court was expected to finalize what Congress had begun (Selmi, 2008).
Summary of Chapters
Introduction: Provides the context of disability in the U.S. and introduces the research question regarding the Supreme Court's role as a policy-maker in the context of the ADA.
Methodology: Outlines the policy cycle framework used to analyze the evolution of the ADA and the Court's involvement across its five phases.
Theoretical Framework: Examines Robert A. Dahl's theories on the Supreme Court as a political institution that acts as a policy-maker rather than a mere legal entity.
Americans with Disabilities Act (ADA): Details the structure and objectives of the ADA, including its five titles and the societal context of its adoption.
Analysis: Critically evaluates the Court's impact across the agenda-setting, policy implementation, and policy evaluation stages, referencing specific case law.
Conclusion: Synthesizes the findings, confirming that the Supreme Court played a dominant, often restrictive role in defining disability, which eventually led to the 2008 ADA amendments.
Keywords
U.S. Supreme Court, Americans with Disabilities Act, ADA, Policy-making, Policy cycle, Disability rights, Judicial review, Civil rights, Discrimination, Implementation, Legislation, Congress, Legal interpretation, Disability definition, Political institutions
Frequently Asked Questions
What is the core subject of this paper?
This paper explores the influential role of the U.S. Supreme Court as a national policy-maker specifically in relation to the implementation and interpretation of the Americans with Disabilities Act of 1990.
What are the primary areas covered in the analysis?
The paper focuses on the policy cycle framework, covering agenda-setting, policy implementation, and policy evaluation, with an emphasis on how the Court's rulings impacted these stages.
What is the primary research goal?
The goal is to assess whether the Supreme Court adhered to congressional intent or actively shaped national policy through its interpretations of disability rights provisions.
Which scientific method is employed?
The author utilizes a qualitative policy analysis framework, specifically the "policy cycle" approach, to break down legislative and judicial actions into manageable, identifiable phases.
What is addressed in the main body of the work?
The main body examines the history of disability legislation, introduces Robert A. Dahl’s political theories on the Court, and conducts an in-depth analysis of specific Supreme Court cases like the Garrett decision and the Toyota case.
Which keywords best characterize this work?
Key terms include U.S. Supreme Court, Americans with Disabilities Act, Policy-making, Judicial review, and Civil rights regulation.
How did the Supreme Court influence the definition of a disability?
The Court maintained a consistently narrow interpretation, often excluding non-traditional disabilities like asthma or hypertension to reduce the scope of legal disputes and business costs, which contradicted the broader intentions of Congress.
What was the eventual reaction of Congress to these judicial decisions?
After a series of restrictive Supreme Court rulings, Congress eventually reacted by passing the ADA Amendments Act (ADAAA) in 2008 to restore a broader definition of disability and ensure the act's original objectives were met.
- Arbeit zitieren
- Anonym (Autor:in), 2015, The U.S. Supreme Court and its influence on national policy making. The case of disability rights, München, GRIN Verlag, https://www.grin.com/document/1477947
