This article discusses the shortcomings of the Supreme Courts traditional equal protection doctrine, and its requirement for discriminatory intent or improper motive, when applied in the context of persons with disabilities.
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13, in the Courts mind, being different or needing something different distinguishes people with disabilities from racial minorities and women. The fact that disability may sometimes be a valid basis for legislative distinctions justifies the Courts refusal to carefully examine the use of disability as a legislative proxy.

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