DISABLING the ADA: ESSENCES, BETTER ANGELS, and UNPRINCIPLED NEUTRALITY CLAIMS AVIAM SOIFER* "Thou Shalt Not Curse the Deaf
DISABLING THE ADA: ESSENCES, BETTER ANGELS, AND UNPRINCIPLED NEUTRALITY CLAIMS AVIAM SOIFER* "Thou shalt not curse the deaf, nor put a stumbling-block before the blind ...... The current Supreme Court delights in proclaiming devotion to matters the Justices define as "essential." As with other kinds of fundamentalism, the crucial question tends to be where one starts. Presumptions also matter. Even judicial protection for the dignity of somebody or something may turn out to be key.2 * Professor of Law, Boston College Law School. I am grateful to the William and Mary School of Law and to my fellow participants for what turned out to be an unusually fruitful and enjoyable symposium. In particular, I thank Michael Stein for his exceptional hard work, imagination, enthusiasm, and assistance. This Article also benefitted greatly from the efforts of several research assistants, particularly Raushanah Daniels, Julio Portilla, and Dan Roth, as well as from Alice Lyons' customary invaluable help. Friends and colleagues Tom Baker, Freda Fisher, Linda Long, Allan Macurdy, Michael Stein, and Carol Weisbrod read drafts and helped save me from myself, at least somewhat. They contributed generously from their remarkable inventories of abilities, wisdom, and very limited time. Finally, the Law Review staff proved to be an unusually pleasant group of people with whom to work and their help with this Article is much appreciated. 1. Leviticus 19:14. "IBlut thou shalt fear thy God: I am the Lord[,J" the Hebrew Bible continues. Id. One might think that it is not good to curse someone who can hear, or to put a stumbling block in front of anyone else.
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