Published April, 2008
Bragdon v. Abbott, 524 U.S. 624 (1998) (Stevens, J., concurring)
The Supreme Court, faced with a charge of discrimination against a dentist who refused to fill a cavity for an HIV-positive patient, found that HIV is an impairment under the Americans with Disabilities Act (ADA) and that discrimination on the basis of HIV is actionable under the ADA. In this opinion, Justice Stevens, along with Justice Breyer, concurred in the court’s decision to affirm on the disability determination, but would have affirmed the case outright.
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