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Supreme Court Preview – 2020 

In Memoriam: Ruth Bader Ginsburg 1933-2020

We publish this year’s Supreme Court Preview with heavy hearts, as it comes on the heels of the passing of Justice Ruth Bader Ginsburg 

Legal advocacy is central to AARP Foundation’s mission. As such, we issue our annual publication commenting and weighing in on cases coming before the U.S. Supreme Court in the coming term that may have a significant impact on those 50 and older. Given the ever-increasing number of adults over the age of 50, impending Supreme Court decisions are likely to affect a growing percentage of the U.S. population. Participation in these 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. Please explore our highlighted cases and pending petitions with legal issues affecting the lives of older adults.  Read Supreme Court Preview – 2020 (PDF) and Explore Individual Cases and Pending Issues 

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AARP Foundation Legal Advocacy

AARP Foundation conducts legal advocacy through its litigating arm, AARP Foundation Litigation (AFL). AFL 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. Through representation in significant cases and participation as amicus curiae (“friend of the court”), AFL addresses harmful, widespread practices or policies of industry, business, or government. AFL helps older people stay connected to their communities by tearing down barriers and establishing pathways to economic opportunity and social stability.

                                                                                                                                         MEET THE TEAM

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Current Priorities

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

Earning - Create opportunities to earn a living

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

Saving - Protect savings and assets

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.

Connecting - Promote elder justice

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

Housing - Improve the ability to age in place

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

Other impactful efforts on behalf of vulnerable older adults

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On the Docket: Active in the Courts for You

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

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The Insidious Effects of Age Discrimination

AARP Foundation Litigation attorneys work to ensure unencumbered access to economic opportunity and a livable income. Part of the Stephen E. Tallent Video History Project through The College of Labor and Employment Lawyers highlights the Age Discrimination in Employment Act (ADEA) Roundtable recorded March, 2020. AARP Foundation Litigation Attorney, Laurie McCann participates in a discussion moderated by Cathy Ventrell-Monsees with Raymond Fay. Watch, Read Article Forbes (9/21)

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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

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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

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AARP Foundation Attorneys Vigorously Fight Many Facets of Elder Abuse in Nursing Facilities

"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 as recorded, July 8, 2020. Watch/Listen

Explore

Watch - NBC's video expose on the "dumping" of nursing facility residents through eviction or transfer.

Read - Englehart's article, accompanying her NBC video, highlights the plight of the most vulnerable who are discharged from nursing home facilities.

"Avoiding the Use of Chemical Restraints in Long-Term Care," partnership established between AARP Foundation and National Consumer Voice for Quality Long-Term Care

"When Doctors Go Off Script," AARP Bulletin, Oct. 2019

Case Highlights

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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

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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

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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.