656
Ginsburg, J., concurring
There are not, however, five Justices who agree that the judgment should be affirmed. Nor does it appear that there are five Justices who favor a remand for further proceedings consistent with the views expressed in either Justice Kennedy's opinion for the Court or the opinion of The Chief Justice. Because I am in agreement with the legal analysis in Justice Kennedy's opinion, in order to provide a judgment supported by a majority, I join that opinion even though I would prefer an outright affirmance. Cf. Screws v. United States, 325 U. S. 91, 134 (1945) (Rutledge, J., concurring in result).
Justice Ginsburg, concurring.
Human Immunodeficiency Virus (HIV) infection, as the description set out in the Court's opinion documents, ante, at 635-637, has been regarded as a disease limiting life itself. See Brief for American Medical Association as Amicus Curiae 20. The disease inevitably pervades life's choices: education, employment, family and financial undertakings. It affects the need for and, as this case shows, the ability to obtain health care because of the reaction of others to the impairment. No rational legislator, it seems to me apparent, would require nondiscrimination once symptoms become visible but permit discrimination when the disease, though present, is not yet visible. I am therefore satisfied that the statutory and regulatory definitions are well met. HIV infection is "a physical . . . impairment that substantially limits . . . major life activities," or is so perceived, 42 U. S. C. §§ 12102(2)(A), (C), including the afflicted individual's family relations, employment potential, and ability to care for herself, see 45 CFR § 84.3( j)(2)(ii) (1997); 28 CFR § 41.31(b)(2) (1997).
I further agree, in view of the "importance [of the issue] to health care workers," ante, at 654-655, that it is wise to remand, erring, if at all, on the side of caution. By taking this course, the Court ensures a fully informed determina-
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