On November 12, 2021, the Supreme Court dismissed a case about the scope of Section 504 of the Rehabilitation Act of 1973. The Ninth Circuit, and three other circuits, have held that Section 504 permits disparate-impact claims under the statute. The Sixth Circuit, on the other hand, has ruled that the statute does not permit disparate-impact claims. WLF’s brief, which Cato Institute joined, argued that the Ninth Circuit’s decision makes no sense in light of Supreme Court decisions interpreting other nondiscrimination statutes. Courts should not imply a cause of action; the Constitution gives Congress the power to make laws. Because the Affordable Care Act greatly expanded who may be sued under the Rehabilitation Act, WLF hopes that the Court will grant cert in another case to resolve the circuit split.
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