Bragdon v. Abbott, 524 U.S. 624 (1998) (Ginsburg, J., concurring)

Court and Agency Decisions and Orders (including case law)

The Supreme Court, faced with a charge of discrimination against a dentist who refused to fill a cavity for an HIV-positive patient, found that HIV is an impairment under the Americans with Disabilities Act (ADA) and that discrimination on the basis of HIV is actionable under the ADA. In this opinion, Justice Ginsburg concurred in the entire decision, including the remand on the direct threat issue, stating that “it is wise to remand, erring, if at all, on the side of caution.”