No. 78-711.

442 U.S. 397 (1979)


Supreme Court of United States.

Decided June 11, 1979.

Attorney(s) appearing for the Case

Eugene Gressman argued the cause for petitioner. With him on the briefs was Edward L. Williamson.

Marc P. Charmatz argued the cause for respondent. With him on the brief were Seymour DuBow, Philip A. Diehl, and Warren L. Pate.*

Briefs of amici curiae urging affirmance were filed by Solicitor General McCree, Assistant Attorney General Days, Brain K. Landsberg, Jessica Dunsay Silver, and Vincent F. O'Rourke, Jr., for the United States; by George Deukmejian, Attorney General, and Katherine E. Stone and G. R. Overton, Deputy Attorneys General, for the State of California; by Frank J. Laski and Michael Churchill for the American Coalition of Citizens with Disabilities et al.; by Stanley Fleishman for the California Association for the Physically Handicapped et al.; by Ann Fagan Ginger for the Center for Independent Living et al.; by Douglas L. Parker for the Institute for Public Representation et al.; and by John E. Kirklin for the New York City Council of Organizations Serving the Deaf et al.

Briefs of amici curiae were filed by Edward G. Biester, Jr., Attorney General, and Robert E. Rains, Allen C. Warshaw, and J. Justin Blewitt, Jr., Deputy Attorneys General, for Pennsylvania; by John D. Lane for the American Association for the Advancement of Science et al.; by Fred Okrand and Sam Rosenwein for the American Civil Liberties Union et al.; by Sheldon Elliot Steinbach for the American Council on Education; and by Elizabeth C. Bunting for the Board of Governors of the University of North Carolina.

MR. JUSTICE POWELL delivered the opinion of the Court.

This case presents a matter of first impression for this Court: Whether § 504 of the Rehabilitation Act of 1973, which prohibits discrimination against an "otherwise qualified handicapped individual" in federally funded programs "solely by reason of his handicap," forbids professional schools from imposing physical qualifications for admission to their clinical training...

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