State: California

Filed: 2018

Court: United States Court of Appeals for the Ninth Circuit

Overview: The brief supported children with diabetes and the American Diabetes Association arguing that the U.S. Army’s childcare program discriminates against children who need insulin treatment for diabetes, thereby effectively excluding children with diabetes from its childcare programs. The brief also argued for a broad view of organizational standing as essential to disability civil rights cases brought under the Americans with Disabilities Act.

Excerpt: “Congress has enacted broad statutes to protect the rights of individuals with disabilities. This statutory scheme relies heavily on rigorous private enforcement, and both the Supreme Court and this Court have emphasized that district courts must, consistent with Article III, take a broad view of standing in civil rights cases. The district court failed to properly apply this teaching, and its order should be reversed.”

Case Documents

Amicus Brief: M.W. v. Army