Nicole Porter has another article (forthcoming Touro L. Rev Mixed Signals: What Can We Expect From the Supreme Court in This Post-ADA Amendments Act Era? 

FROM THE ABSTRACT: The ADA Amendments Act of 2008 was intended to breathe new life into the ADA after the courts, especially the Supreme Court, had drastically narrowed the ADA’s protected class. 

But since the ADA was amended in 2008, the Supreme Court has not decided any ADA cases. Thus, there are many ADA issues, especially in the employment context, that remain unresolved. 

Ms. Porter’s paper attempts to determine whether there will be a disability-friendly Supreme Court or whether the Court will once again narrowly construe individuals with disabilities’ rights under the ADA. She reports that on the one hand, the body of Tenth Circuit ADA cases decided by the newest jurist, Justice Gorsuch, suggests an anti-disability bent. On the other hand, one possible source of good news for individuals with disabilities are two recent IDEA Supreme Court cases decided in 2017: Fry v. Napoleon Community Schools and Endrew F. ex rel. Joseph F. v. Douglas County School Dist. RE-1.

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