ABSTRACT

The writings of many critical race theorists suggest that what disability scholars, activists, and legal advocates find so discouraging in court decisions, lackluster agency enforcement, and public opposition is exactly the institutional response that should be expected. Central to critical race theory (CRT), is the view that racism is not aberrant but rather the natural order of American life. There are many valuable messages to be gained from post-civil-rights-era CRT and feminist writing, and thus this chapter examines only a few topics with resonance for disability. It puts forth an argument about disability and about social justice that appreciates similarities and differences among people with impairments, and between people with impairments and people of other discriminated-against groups. CRT departs from many friends in the movement of critical legal studies (CLS) in asserting the importance of rights language and rights laws.