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A Step to the Right

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And Then a Step to the Right

“It’s a jump to the left

And then a Step to the Right”

-          -    Rocky Horror Picture Show

 Like the participants at the Cult Classic our nation took a determined step to the right last month in the off year elections.  Whether the step was a temporary aberration, due to the lack of a clear message by the Democrats, or a part of a long term political trend (my opinion), there are clear implications for the disability rights movement.  These implications must be confronted and discussed so that we may prepare ourselves politically.

 The most obvious ramification for members of our community is that there will be reduced funding for Medicaid and Social Programs.  With the reduced funding there will be a reduction in rules on the federal level, leaving more discretion to the state on how to use the federal monies they do receive. 

 We will also see a reduction in federal funding for public transportation, which most people with disabilities rely on.  Monies will be shifted to paying for roadways and highways.   Highways and roadways are much more popular than public transportation in the Midwest and Southern United States where the Republican base lies, and our population is shifting. 

 The more dire consequences however are not the most obvious.  There is currently a backlog of candidates for the federal bench.  The Democratic controlled Senate had been holding up the more conservative nominees.  Now with the Republicans controlling the Senate Judiciary Committee there will be a rush to erase the backlog and fill the vacancies.  It is also highly likely that President Bush will fill one if not two Supreme Court vacancies in the next two years. 

 The power over judicial nominees will be felt for the next two decades.  Over the last two years we have seen the ADA whittled away by a conservative court.  This process will continue unabated.

 A Republican controlled Congress will also be more sympathetic to groups such as the National Federation of Independent Business (NFIB) and the U.S. Chamber of Commerce.  As a result you will see attempts rekindled to modify the ADA.  While past efforts have been unsuccessful, this time I predict they will succeed.

 While all this sounds like doom and gloom, all is not lost.  We can tailor our message to fit the more conservative times.  Our message must one of independence and self determination for people with disabilities.  We must use these themes in combination with the Olmstead decision.   (The Olmstead decision was a Supreme Court ruling which determined that under the ADA people with disabilities had the right to live in the least restrictive environment.)

 The good old days of demonstrating need for a social program, and then receiving federal funding are gone for the foreseeable future.  So like the rest of the country we too must take a step to the right.

 John Winske is a Partner in DRS Consulting, and is the former Executive Director of the Massachusetts Coalition of Citizens with Disabilities (MCCD).  His editorials can be found twice a month at DisabilityRights.com.