Over the years, court cases have formed the backbone of social justice, enabling low income and working poor people to enforce their rights to public housing, food stamps, welfare benefits, and health care when states are not providing these benefits as the federal laws require.  The holdings of these cases—indeed, their very existence—are not familiar to the vast majority of Americans; however, their importance cannot be overstated:  The ability of private citizens to enforce their federal rights against states in court is absolutely essential if social justice is to have meaning in daily life.  A legal right without a remedy in court becomes no right at all.

Over the last decade, the United States Supreme Court has chiseled away at private individuals’ access to the courts in a series of decisions decided by the slimmest of 5-4 margins.  At this point, the decisions have curtailed or limited altogether private enforcement of many laws designed to ensure social justice, affecting, for example, the elderly (Age Discrimination in Employment Act), people with disabilities (Americans with Disabilities Act), and women (Violence Against Women Act).  Just last Term, the Court issued a remarkable decision, Alexander v. Sandoval, that private individuals have no right to sue under Title VI of the Civil Rights Act of 1964 for conduct that has the impact of discriminating against people on the basis of race, color or national origin.  Meanwhile, lower federal courts and state courts are issuing important Medicaid decisions, some of which are limiting beneficiaries’ ability to enforce the Medicaid Act.

With funding from the Nathan Cummings Foundation, the Health Activist’s Court Watch Project will

• Provide technical assistance, including consultation, legal analysis, and case dockets on the range of court access issues confronting health advocates
• File friend of the court briefs and co-counsel cases
• Track cases and monitor how they are affecting access to the courts for beneficiaries of government-funded health programs.
• Inform health care professionals and the general public, in an understandable manner, of the significant threats to court access and the reasons why this access is important.
• Maintain and strengthen alliances with other civil rights and advocacy organizations

Project staff are Jane Perkins and Sarah Somers, from NHeLP’s North Carolina office.  Mara Youdelman, in the Washington, DC office, will be monitoring legislative developments.  Please consult our website, www.healthlaw.org, on a weekly basis; for information.