On Friday, CLASI joined in filing an amicus brief with the U.S. Supreme Court in Health & Hospital Corporation of Marion County, Indiana v. Talevski, a case that could threaten the ability of millions of vulnerable Americans—including nursing home residents facing abuse and neglect—to enforce their legal rights.
The Supreme Court is being asked to overturn decades of legal precedent allowing individuals to go to court when their rights are violated by government agencies and public entities. This includes rights to healthcare, nutrition, housing, and cash assistance for people with disabilities, seniors, and low-income families. The Talevski case specifically involves a resident in a publicly owned and operated nursing home who sought to enforce his rights under the Federal Nursing Home Reform Act, which protects people from being involuntarily restrained or transferred from nursing facilities.
“The possible consequences of this case are enormous—it could strip away the ability of thousands of Delawareans to enforce their rights to basic necessities like healthcare, food, and housing,” says CLASI Advocacy Director John Whitelaw. “We’ve used this type of litigation for nearly 40 years. It’s vital that CLASI and our partners across the country can continue to take legal action when our clients’ rights are violated and hold public programs accountable.”
CLASI joined in the brief filed by the National Health Law Program and 41 other legal organizations. Oral argument in the case is scheduled for November 8, 2022. Read more about the case and access a copy of the amicus brief here.
Find all of the case documents here.