The U.S. Supreme Court's "Disability" in Statutory Construction: The Debate Over the Interpretation of the Definition of "Disability" Under the Americans with Disabilities Act (ADA) & the ADA Amendments Act of 2008

This Article provides an overview of the contrasting textual interpretations offered by the Court related to the definition of “disability” in the original ADA. Next, it reviews the purposes and findings of the ADA Amendments Act of 2008 that examine the conflict that arose over the correct original interpretation of the ADA. Third, this Article provides critical analysis of the Supreme Court’s problematic interpretations including: (1) its interpretation of Congress’s ambiguous language in the text of the original; (2) the Court’s disdain for the legislative history of the ADA including congressional reports and selective use of these instruments when deciding issues of statutory construction; and (3) the Court’s potential error in judgment of relying on federal agency guidelines for interpretations of the language of the original ADA when no agency had been granted interpretative authority over the ADA. Part IV then considers what legal developments have occurred since the passage of the ADAAA and what this means for the interpretation of “disability.” Finally, this Article concludes with a brief commentary on the relationship between the Supreme Court and Congress, how the dynamic between the branches can both hinder and advance public policy, and how a new interpretation of disability could impact disability law, particularly in looking at obesity as a disability