A New Start on the Road Not Taken: Driving with Lane to Head Off Disability-Based Denials of Rights

Abstract

Like other decisions upholding the rights of people with disabilities, the Supreme Court's ruling in Tennessee v. Lane has been dismissed by critics as a Pyrrhic victory. In Lane, the Court held that Congress had properly exercised its enforcement powers under section 5 of the 14th Amendment to prohibit disability discrimination in access to courts. This article argues that, far from Pyrrhic, the victory in Lane shows the way for advocates for persons with disability to develop a successful strategy for identifying important rights and the means needed for their exercise.