In a brief filed on behalf of an HIV-positive Maine woman whose dentist refused to fill her cavity in his office (offering to perform the procedure in a more sanitary hospital instead), the Justice Department urged the Supreme Court to rule that people who are infected with the AIDS virus should be protected by the Americans with Disabilities Act. The law covers anyone who has "a physical or mental impairment that substantially limits one or more major life activities," which the government argues covers pregnancy and reproduction, since the virus poses a danger to infants born of infected mothers. The Justice Department has long considered the HIV infection a disability not only because of its affect on reproduction but also "because the reactions of others to infected individuals cause such individuals to be treated as though they are disabled."

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