On April 28, 2022, the Supreme Court refused to imply a remedy for emotional distress under Section 504 of the Rehabilitation Act of 1973. This result was a victory for WLF, which filed an amicus brief in the case. In its brief, WLF explained that the tort of intentional infliction of emotional distress already allows for recovery in the same cases that plaintiffs seek to recover emotional-distress damages for breach of contract under common law. As Justice Kavanaugh’s concurring opinion notes, and as WLF argued in its brief, implying a remedy for emotional distress under Section 504 would also raise separation-of-powers concerns because the Court, not Congress, created the private cause of action.
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