Skip to content

AARP Foundation Supreme Court 2021 Preview

United States Supreme Court building





Coming off an unprecedented year when every single case was heard remotely, the Supreme Court this year will review a variety of cases with implications for older adults, especially those who are struggling with financial hardships or disabilities. AARP Foundation Litigation summarizes and comments on these cases in our annual Supreme Court Preview.

Health care, employee and retiree rights, and patient and consumer protections are among the issues in cases already on the docket or likely to come before the Court this term. AARP Foundation attorneys will either be actively participating in these cases or following them closely to assess their impact on older adults.


About Us

AARP Foundation Litigation

A public interest law firm at the intersection of aging and social justice

AARP Foundation conducts legal advocacy through its litigating arm, AARP Foundation Litigation, which advocates for systemic change in federal and state courts nationwide to advance the legal rights and interests of people 50 and older, particularly low-income and vulnerable individuals.  Specifically, we file and support lawsuits that will have a significant impact on senior poverty.



Justice sign over courthouse entrance

hatman12 via

In the News

Agreement Expanding Mental Health and Community Services Throughout Kansas

Settlement Agreement between Kansas Department of Aging and Disability Services, Kansas Department of Health and Environment, Topeka Independent Living Resource Center, and constituents of Disability Rights Center of Kansas.

Everyone should be able to choose how they live as they age and not be forced into institutionalized settings. This is a critical first step toward reforming how we serve older adults with mental illness in the community.

Read Settlement Agreement Summary, Settlement Agreement (PDF), Press Release, Article KCUR by Koranda & Censky







CMS Restores Tougher Penalties for Nursing Home Violations;  National Consumer Voice  v. Becerra, U.S. Dep't Health and Human Services 

Read Complaint (PDF), Opening Press Release, NYT: Abelson ArticlePress Release (7/28/2021, CMS reversal on penalties)

AARP Foundation Client Wins Summary Judgment Against Nursing Facility

"Her Son Says She Was a Victim of Nursing Home Dumping," by Jessica Ravitz, the case story about Gloria Single. Read

Read the Press Release, Original Press Release, the Decision, and the Complaint

Current Priorities


ECONOMIC  OPPORTUNITY - AARP Foundation attorneys litigate on behalf of older adults to secure opportunities to generate income and to protect their assets. 

AFL defends the rights of older adults in cases involving hiring, promoting, and terminating in the workplace.

AFL protects savers, investors, and consumers through legal advocacy concerning employee health and welfare benefits; pension benefits; and fraudulent, predatory, and discriminatory commercial practices (financial exploitation).


SOCIAL CONNECTEDNESS - AARP Foundation attorneys litigate to keep older adults connected with their loved ones, safe in their homes, and engaged in their communities.

AFL combats the causes and consequences of social isolation, including protecting older adults from physical and emotional abuse, neglect, and exploitation. 

AFL expands access to affordable, accessible, and healthy housing.

Other impactful efforts on behalf of vulnerable older adults

caring latino couple

Active in the Courts


On the Docket:

Explore recent cases (in reverse chronological order of activity) in which AARP Foundation attorneys have filed, or that have been decided by the court.

Active Litigation Cases

Follow cases in which attorneys with AARP Foundation are engaged. The cases listed in this docket are in reverse chronological order of the filing or decision dates. 

Recent Amicus Cases

Read recently filed amicus briefs. The cases in this docket appear in reverse chronoloical order of the filing or decision dates. 

Issue Highlights


The Insidious Effects of Age Discrimination

AARP Foundation Litigation attorneys work to ensure unencumbered access to economic opportunity and a livable income. The College of Labor and Employment Lawyers highlights the Age Discrimination in Employment Act (ADEA) Roundtable recorded March, 2020. Watch, Read Article Forbes (9/20), Congressional Testimony by McCann (3/21), Class Action Settled


Americans with Disabilities Act 30th Anniversary

This landmark protection prohibits discrimination against individuals with mental and physical disabilities. Individuals segregated from the community by placement in nursing facilities or long-term care facilities, when their choice would be to live in their community, is one example of discrimination based on disability. AARP Foundation Litigation has also addressed violations of the ADA in employment, housing, and transportation. Read

vote election pins image

Brief Urges Court to Remove Voting Barriers

In an amicus brief, AARP and AARP Foundation urges the Minnesota District Court in Ramsey County to send absentee ballots to all registered voters and to waive requirements. Voters should not have to choose between risking their health and casting a ballot. Keep abreast of case progress. Read Amicus Brief (PDF), Order on Motions (PDF), Stipulation and Consent Decree (PDF), Stipulation and Consent Decree 2 (PDF), Press Release

Bruised Hands of Elderly Woman in Emergency Room

A Joint Campaign Between AARP Foundation Attorneys and The National Consumer Voice Vigorously Fights Many Facets of Elder Abuse in Nursing Facilities

Talevski v. Health & Hospital Corp. of Marion Cty.  Consistent with our brief the Seventh Circuit found that the federal Nursing Home Reform Act creates a private right of action under section 1983 to enforce a violation of resident’s right to be free of chemical restraints and illegal discharges. Decision (PDF) (7/27/2021)

Summary Judgment Against Nursing Facility for Patient Dumping, Read Decision Ruling (4/15/2021) and Complaint (PDF) "Her Son Says She Was a Victim of Nursing Home Dumping," by Jessica Ravitz, the case story about Gloria Single. Read

"Finding Real Solutions for Behavioral Health Needs in Persons with Dementia," with Kelly Bagby, VP AARP Foundation Litigation; Sue Renz, Program Director/Senior Lecturer UPenn School of Nursing; Lori Smetanka, moderator, The National Consumer Voice for Quality Long-Term Care.

"Avoiding Drugs as Chemical Restraints," a discussion between AARP Foundation Litigation Attorney, Kelly Bagby with partnering organization The National Consumer Voice for Quality Long-Term Care's Lori Smetanka, July 8, 2020. 


Case Highlights

St. Clare's broken pension promise image

Hospital Workers to Proceed on Broken Pension Promises

Did the Defendants, including the Roman Catholic Diocese of Albany, violate New York state laws concerning contracts, promises, and fiduciaries when they either stopped paying or drastically reduced the pensions of former employees of St. Clare's Hospital? Read Court's Decision on Motion to Dismiss and Press Release and Watch

woman opening door with key

Rights Restored for D.C. Nursing Facility Residents

The Court of Appeals for the D.C. Circuit reversed the trial court and remanded this Olmstead case. Now a class of approximately 1000 nursing facility residents wanting to live in their own homes with the same kind of medical services and supports as they receive in nursing facilities need D.C. to provide assistance. Read

personal privacy records

Yale University Sued Over Wellness Program

AARP Foundation filed a class action lawsuit against Yale University for violating both the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrination Act (GINA) by requiring employees to participate in Yale's workplace wellness program or be charged $1,300 annually. Listen

Contact Us

AARP Foundation earns a high rating for accountability from a leading charity evaluator. 

Eighty-one cents of every dollar we spend goes toward programs and services that help low-income older adults. We have met every one of the Better Business Bureau’s 20 Standards for Charity Accountability.