Ask the Governor NOT to appeal to the Supreme Court

Posted by Pam Blanton on August 28, 2012

From The Arc of Washington State

Protect civil rights for people with I/DD
Advocates need to speak NOW and ask the Governor and Attorney General NOT to seek Supreme Court review of the United States Court of Appeals for the Ninth Circuit ruling in M.R. v. Dreyfus, 2012 U.S. App. LEXIS 12427 (June 18, 2012), a case filed by Washington Medicaid beneficiaries with disabilities whose in-home personal care services were reduced during the State’s budget crisis.

We need to ask Governor Gregoire and Attorney General McKenna NOT to appeal the Ninth Circuit decision for the following reasons:

1. The Ninth Circuit’s M.R. v. Dreyfus opinion clearly applies the Olmstead decision, and today’s Supreme Court has very different members than the 1999 Supreme Court that issued the Olmstead v. L.R. by Zimring ruling, Supreme Court review would risk the Supreme Court severely curtailing or even overturning Olmstead. Olmstead has been a very important tool in including, rather than excluding, people with intellectual and developmental disabilities (I/DD) in their communities. If Olmstead is overturned, we risk losing all the gains made since 1999 in civil rights for individuals with I/DD.

2. While Washington may intend to craft narrow arguments that it believes will not place Olmstead in jeopardy, the state would have little control over what the Supreme Court does once it received the appeal.

3. If these services in community settings are not provided to those truly needing them, services for these individuals in an institution would cost the State much, much more.

4. Washington State has been for providing care for people with I/DD who truly need care and focused funding on services in community settings instead of institutions. The State should accept the Ninth Circuit’s ruling rather than spend money, time, energy, and effort to try to take away important services that are necessary for people to live outside institutions.

Please call their offices and leave a short message asking them NOT to seek Supreme Court review of the United States Court of Appeals for the Ninth Circuit ruling in M.R. v. Dreyfus

Governor Gregoire’s office: (360) 902-4112

Attorney General McKenna:  (360) 753-6200

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