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BRAGDON v. ABBOTT

No. 97-156.

524 U.S. 624 (1998)

118 S.Ct. 2196

141 L.Ed.2d 540

BRAGDON v. ABBOTT et al.

Supreme Court of United States.

Decided June 25, 1998.

Attorney(s) appearing for the Case

John W. McCarthy argued the cause for petitioner. With him on the briefs was Brent A. Singer.

Bennett H. Klein argued the cause for respondents. With him on the brief for respondent Abbott was Wendy E. Parmet. John E. Carnes filed a brief for respondent Maine Human Rights Commission.

Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Waxman, Acting Assistant Attorney General Lee, James A. Feldman, Jessica Dunsay Silver, and Thomas E. Chandler.*

Kennedy, J., delivered the opinion of the Court, in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined. Stevens, J., filed a concurring opinion, in which Breyer, J., joined, p. 655. Ginsburg, J., filed a concurring opinion, p. 656. Rehnquist, C. J., filed an opinion concurring in the judgment in part and dissenting in part, in which Scalia and Thomas, JJ., joined, and in Part II of which O'Connor, J., joined, p. 657. O'Connor, J., filed an opinion concurring in the judgment in part and dissenting in part, p. 664.

Justice Kennedy, delivered the opinion of the Court.

We address in this case the application of the Americans with Disabilities Act of 1990 (ADA), 104 Stat. 327, 42 U. S. C. § 12101 et seq., to persons infected with the human immunodeficiency virus (HIV). We granted certiorari to review, first, whether HIV infection is a disability under the ADA when the infection has not yet progressed to the so-called symptomatic phase; and, second, whether the Court...

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