Skip to content

AARP Foundation Litigation 2021 Preview

Coming off an unprecedented year when every single case was heard remotely, the Supreme Court will review a variety of cases with implications for older adults and people with disabilities.

Both already on the docket and likely to come before the Court are cases on health care, employee and retiree rights, patient and consumer protections, and other issues. AARP Foundation attorneys will either be actively participating in these cases or following them closely to assess their impact on older adults, especially those who are struggling with disabilities or financial hardships.

Participation in such cases is an integral part of AARP Foundation’s advocacy, particularly in a time when older adults with lower incomes are more vulnerable than ever. AARP Foundation will continue to fiercely defend older adults — not only in the Supreme Court, but also in courts across the country.

A Message From the President

The AARP Foundation Litigation (AFL) team works to ensure that older adults have a voice and proper representation in courts at every level throughout the nation. Nowhere is that mission more significant than at the Supreme Court, where decisions often have a profound impact on people’s lives. Through direct participation or by filing amicus briefs in Supreme Court cases this term, AFL attorneys will again have the opportunity to help bring about the kind of systemic social change that can make a real difference for those we serve.

At AARP Foundation, we emphasize a commitment to equity in all that we do, including our work in the courts. As you will see in this year’s Supreme Court Preview, cases covering an array of discriminatory and otherwise harmful practices affecting older adults — in the workplace, in housing, in health care, and more — will come before the Court this term or in the near future. With their participation in these cases, AARP Foundation attorneys are helping to fulfill our mission to increase economic opportunity for vulnerable older adults, to ensure that all older adults have both the means and the opportunity to thrive, and to build toward a future without senior poverty, where no older person feels vulnerable.

Cases - 2021 Term

Medicaid Work Requirements

Can states require Medicaid recipients to prove they work or volunteer?

Civil Rights Abuses: Assessing the Cost of Emotional Distress

Should there be “compensatory damages” for emotional distress under civil rights statutes?

O Say Can You (Pharma)cy? Who Gets to Choose Your Drug Store?

Fighting the discriminatory harms of limited pharmacy choice.

Paying for the Past With the Future: How Much Can States Take From Settlement Funds?

The Court will decide if Medicaid costs can be paid from funds set aside for future needs.

Who Manages the Money Managers?

Can a Retirement Plan Be Sued for Charging Excessive Fees?

Uncharted Territory: Access to Benefits for Residents of Puerto Rico

The Court will decide whether residents of Puerto Rico are entitled to receive supplemental Social Security benefits.

Looking Ahead: Cases That Could Be Coming to the Supreme Court

Employment Discrimination

Cases involving pandemic-related work rules and age discrimination may be coming to the Court

Health Care

A pharmacopeia of health care cases lies in the Court’s future.