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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.

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.