Revive Laws Protecting U.S. Elders

By Nathanson, Paul | Aging Today, September/October 2008 | Go to article overview

Revive Laws Protecting U.S. Elders


Nathanson, Paul, Aging Today


Dear Mr. President:

One of the most underaddressed issues in aging is the extent to which laws protecting older people have been undermined by hostile, conservative courts. The list of federal laws affected by destructive judicial decisions includes the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Medicaid Act, the United States Housing Act, the Housing and Community Development Act, and the Employee Retirement Income Security Act.

The analysis of the Federal Rights Project at the National Senior Citizens Law Center (NSCLC), which I direct, shows that con- servative judges have made a con- certed effort to prevent enforce- ment of these laws. NSCLC proj- ect staff has deter- mined that in many of these cases, the Bush Administration supported the denial of court access to enforce federal law.

In addition, these judges have used preemption of federal laws to prevent enforcement of progressive state laws and have twisted language in federal laws to reach the conclusion that Congress intended to preempt state consumer protection statutes and ordinary state law remedies. The Bush Administration supported overly broad preemption interpretations by federal agencies and courts that drastically undermined long-established and important state law protections for areas critical to older Americans, such as retirement security, access to healthcare, safety in drugs and medical devices, and fair lending and credit practices.

An example of these trends is the increasing inability of Medicaid beneficiaries to enforce tiieir rights under federal law to gain access to adequate healthcare. Though remethes have long been available in these cases under 42 U.S.C. Section 1983, the Supreme Court and lower federal courts, encouraged by the Bush Administration, have radically narrowed this Reconstruction-era statute in a way that leaves millions of low-income, elderly and disabled Americans without recourse when states improperly deny or limit tiieir access to care.

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Revive Laws Protecting U.S. Elders
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.