heller
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decided
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kentucky
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health
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mentally
ill
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commitment
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group
possible
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pp
kennedy
delivered
opinion
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white
scalia
thomas
joined
filed
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judgment
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opinion
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stevens
joined
part
ii
joined
post
william
moore
argued
cause
petitioner
briefs
edward
klatte
charles
lawrence
kelly
miller
argued
cause
respondents
brief
brian
wolfman
briefs
amici
curiae
urging
reversal
filed
state
new
jersey
et
al
robert
del
tufo
attorney
general
joseph
yannotti
assistant
attorney
general
mary
jacobson
senior
deputy
attorney
general
sharon
hallanan
deputy
attorney
general
joined
attorneys
general
respective
follows
linley
pearson
indiana
frank
kelley
michigan
hubert
humphrey
iii
minnesota
stenberg
nebraska
mark
barnett
south
dakota
mary
sue
terry
virginia
concerned
families
hazelwood
center
et
al
frank
coryell
voice
retarded
et
al
william
sherman
briefs
amici
curiae
urging
affirmance
filed
american
association
mental
retardation
et
al
james
ellis
maureen
sanders
focus
community
understanding
services
et
al
ronald
smith
michael
kirkman
john
townsend
rich
christopher
palmer
leonard
rubenstein
filed
brief
mental
health
law
project
amicus
curiae
justice
kennedy
delivered
opinion
commonwealth
kentucky
involuntary
civil
commitments
alleged
mentally
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mentally
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institutions
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protection
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claim
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process
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reject
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kentucky
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case
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history
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respondents
filed
suit
petitioner
kentucky
secretary
cabinet
human
resources
claiming
kentucky
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provide
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procedural
protections
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people
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mental
retardation
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amended
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commitment
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cowherd
wd
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history
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kentucky
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law
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tennessee
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authorize
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kadrmas
dickinson
public
schools
hodel
indiana
massachusetts
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american
psychiatric
diagnostic
statistical
manual
mental
disorders
rev
ed
hereinafter
manual
mental
disorders
american
assn
mental
retardation
mental
retardation
definition
classification
systems
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hereinafter
mental
retardation
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parry
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mentally
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michie
time
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addington
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monahan
clinical
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hereinafter
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diagnosis
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reasons
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kentucky
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meissner
nicholi
psychotherapies
individual
family
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harvard
guide
modern
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nicholi
ed
hereinafter
harvard
guide
use
psychotropic
drugs
see
baldessarini
chemotherapy
harvard
guide
berger
medical
treatment
mental
illness
science
mentally
disabled
brief
american
psychological
association
amicus
curiae
washington
harper
pp
contrast
mentally
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subjected
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mental
retardation
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illness
youngberg
romeo
quoting
brief
american
psychiatric
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romeo
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rosen
clark
kivitz
habilitation
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mentally
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whereas
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supra
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singh
pharmacological
intervention
handbook
mental
retardation
matson
mulick
ed
hereinafter
handbook
mental
retardation
psychotropic
drugs
according
available
material
used
treat
institutionalized
retarded
often
misused
indeed
findings
fact
district
north
carolina
another
state
nearby
kentucky
show
three
hospitals
persons
committed
mentally
retarded
receiving
antipsychotic
drugs
less
half
individuals
diagnosed
mentally
ill
well
mentally
retarded
following
commitment
latter
ground
see
thomas
flaherty
wdnc
aff
cert
denied
district
found
institutionalized
retarded
plaintiffs
seriously
endangered
injured
inappropriate
use
antipsychotic
drugs
flaherty
supra
see
also
halderman
pennhurst
state
school
hospital
ed
aff
rev
grounds
discussing
evidence
residents
state
institution
mentally
retarded
received
psychotropic
drugs
though
less
received
drugs
monitored
determine
effectiveness
treatment
bates
smeltzer
arnoczky
appropriate
inappropriate
use
psychotherapeutic
medications
institutionalized
mentally
retarded
persons
mental
deficiency
finding
medications
prescribed
mentally
retarded
persons
inappropriate
conditions
diagnosed
facts
consistent
law
review
study
drugs
employed
treating
retardation
observed
reduction
need
institutional
staff
resulting
use
sedating
drugs
promoted
drug
use
responding
retardation
despite
frightening
adverse
effects
including
suppression
learning
intellectual
development
plotkin
gill
invisible
manacles
drugging
mentally
retarded
people
nothing
record
suggest
kentucky
institutions
free
practices
reason
whatever
assume
simply
plausible
basis
assumption
institutional
response
mental
retardation
main
less
intrusive
way
treatment
mental
illness
also
suggests
medical
treatment
mentally
retarded
less
invasive
case
mentally
ill
mentally
ill
subjected
psychiatric
treatment
may
involve
intrusive
enquiries
patient
innermost
thoughts
see
ante
disagree
mentally
ill
often
subject
intrusive
psychiatric
therapy
mentally
retarded
subject
intrusive
therapy
available
material
medical
treatment
mentally
retarded
demonstrates
mentally
retarded
often
subjected
behavior
modification
therapy
correct
among
things
anxiety
disorders
phobias
hyperactivity
antisocial
behavior
therapy
may
include
aversive
conditioning
well
forced
exposure
objects
trigger
severe
anxiety
reactions
see
mcnally
anxiety
phobias
handbook
mental
retardation
mulick
hammer
dura
assessment
management
antisocial
hyperactive
behavior
handbook
mental
retardation
gardner
use
behavior
therapy
mentally
retarded
psychiatric
approaches
mental
retardation
menolascino
ed
like
drug
therapy
psychiatric
therapy
mentally
retarded
misused
one
recent
case
federal
district
found
aversive
procedures
including
seclusion
physical
restraints
inappropriately
used
evidence
effectiveness
relationship
choice
procedure
analysis
cause
problem
plac
ing
clients
extreme
risk
maltreatment
lelsz
kavanagh
nd
tex
internal
quotation
marks
citation
omitted
rev
unrelated
grounds
invasive
behavior
therapy
mentally
retarded
finally
often
employed
together
drug
therapy
see
mcnally
supra
mulick
hammer
dura
supra
sorts
published
authorities
relies
sum
refute
contention
prevailing
methods
treatment
mentally
retarded
general
rule
much
less
invasive
given
mentally
ante
available
literature
indicates
psychotropic
drugs
invasive
therapy
routinely
administered
retarded
well
mentally
ill
apparent
differences
therapeutic
regimes
plausibly
explain
less
rigorous
commitment
standards
alleged
mentally
retarded
alleged
mentally
iii
respect
involvement
family
members
guardians
commitment
proceeding
holds
justified
fact
mental
retardation
onset
person
developmental
period
mental
illness
may
arise
manifest
suddenness
minority
ante
suggests
mentally
ill
person
parents
may
ceased
provide
care
support
well
onset
illness
whereas
parents
likely
retained
connection
retarded
son
daughter
whose
proper
course
treatment
may
depend
matters
related
observations
made
household
setting
ibid
suggested
distinctions
true
apparently
apply
guardians
whose
legal
obligations
protect
persons
estates
wards
seem
require
much
connection
one
class
people
event
although
differences
might
justify
scheme
immediate
relatives
guardians
automatically
called
witnesses
cases
seeking
institutionalization
basis
mental
retardation
completely
unrelated
aspects
statute
doe
objects
permitting
immediate
relatives
guardians
involved
parties
give
among
things
right
appeal
adverse
decision
institutionalize
individual
subject
proceedings
third
party
supports
commitment
someone
alleged
retarded
faced
second
advocate
institutionalization
second
prosecutor
capacity
call
witnesses
obtain
expert
testimony
raise
appeal
might
otherwise
taken
whereas
person
said
require
commitment
basis
mental
illness
mere
theoretical
difference
suggestion
relatives
guardians
may
support
curtailment
liberty
finds
support
record
case
indicates
commitments
kentucky
institutions
mentally
retarded
period
middle
one
achieved
application
consent
family
members
guardians
see
record
state
answers
plaintiff
first
set
interrogatories
simply
points
characteristic
mental
retardation
rationally
justify
imposing
burden
second
prosecutor
alleged
mentally
retarded
state
decided
impose
upon
alleged
mentally
ill
even
assumed
generally
regular
connection
relatives
guardians
alleged
retarded
said
mentally
ill
explain
former
subject
second
prosecutor
latter
may
said
second
suggested
justification
mentally
ill
may
need
privacy
shown
retarded
even
assuming
ill
need
additional
privacy
participation
others
commitment
proceeding
therefore
limited
smallest
group
compatible
due
process
ante
retarded
subject
second
prosecutor
provides
answer
without
plausible
justification
kentucky
allowed
draw
distinction
difficult
see
resting
anything
stereotypical
assumption
retarded
perpetual
children
assumption
historically
taken
justify
disrespect
grotesque
mistreatment
retarded
subjected
see
cleburne
stevens
concurring
internal
quotation
marks
citation
omitted
said
cleburne
mentally
retarded
cut
pattern
range
whose
disability
immediately
evident
must
constantly
cared
recent
times
least
imposing
responsibilities
citizenship
jurisprudence
seemed
reject
analogy
mentally
retarded
adults
nondisabled
children
see
penry
lynaugh
controlling
opinion
mentally
retarded
people
virtue
mental
retardation
alone
apart
individualized
consideration
personal
responsibility
inevitably
lack
cognitive
volitional
moral
capacity
act
degree
culpability
associated
death
penalty
see
also
reliance
mental
age
measure
capabilities
retarded
person
purposes
eighth
amendment
disempowering
effect
applied
areas
law
cf
ante
citing
parham
case
parents
rights
minor
children
state
kentucky
sets
respective
schemes
institutionalization
basis
mental
illness
mental
retardation
obliged
reject
analogy
rest
difference
standards
involuntary
commitment
ill
retarded
plausible
reason
iv
absence
rational
justification
disparate
treatment
either
respect
burdens
proof
participation
third
parties
institutionalization
proceedings
affirm
judgment
appeals
conclusion
statute
violates
equal
protection
reach
question
validity
due
process
clause
doe
relies
first
nature
right
stake
citing
decision
last
term
foucha
louisiana
faced
equal
protection
challenge
louisiana
statute
authorizing
continued
commitment
currently
sane
insanity
acquitees
standards
applied
criminal
convicts
completed
prison
terms
insanity
acquitee
kept
incarcerated
mental
institution
unless
prove
dangerous
see
art
west
supp
whereas
louisiana
law
justice
white
wrote
provide
similar
confinement
classes
persons
committed
criminal
acts
later
prove
dangerous
criminals
completed
prison
terms
obvious
large
category
persons
however
state
law
allow
th
continuing
confinement
criminals
may
unable
prove
dangerous
based
merely
dangerousness
freedom
physical
restraint
fundamental
right
state
must
particularly
convincing
reason
put
forward
discrimination
insanity
acquitees
longer
mentally
foucha
plurality
opinion
white
joined
blackmun
stevens
souter
jj
see
also
concurring
part
concurring
judgment
although
think
unnecessary
reach
equal
protection
issues
facts
us
permissibility
holding
acquitee
mentally
ill
longer
person
convicted
crimes
imprisoned
open
serious
question
curtailment
liberty
undoubtedly
involved
involuntary
civil
commitment
institutionalization
see
vitek
jones
quoting
humphrey
cady
doe
argues
heightened
scrutiny
applies
foucha
alleged
mentally
retarded
denied
protection
afforded
another
obvious
large
category
potential
civil
committees
said
mentally
doe
also
argues
discrimination
second
aspect
justifies
application
strict
heightened
scrutiny
classification
basis
mental
retardation
although
recognizes
held
retarded
individuals
class
see
cleburne
cleburne
living
center
argues
subsequently
enacted
americans
disabilities
act
ada
amounts
exercise
congress
power
fourteenth
amendment
secure
guarantees
equal
protection
clause
disabled
see
katzenbach
morgan
ada
includes
findings
people
disabilities
among
included
mental
impairments
doe
argues
include
mental
retardation
see
supp
iii
discrete
insular
minority
faced
restrictions
limitations
subjected
history
purposeful
unequal
treatment
relegated
position
political
powerlessness
society
doe
argues
findings
together
expressions
purpose
contained
ada
amount
clear
indication
congress
individuals
disabilities
including
individuals
mental
retardation
treated
suspect
class
brief
respondent
approach
complies
two
cardinal
rules
governing
federal
courts
one
never
anticipate
question
constitutional
law
advance
necessity
deciding
never
formulate
rule
constitutional
law
broader
required
precise
facts
applied
brockett
spokane
arcades
citations
internal
quotation
marks
brackets
omitted
consistent
past
practice
see
hooper
bernalillo
county
assessor
declining
decide
whether
apply
heightened
scrutiny
classification
failed
rational
basis
test
cf
mississippi
univ
women
hogan
declining
decide
whether
apply
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scrutiny
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scrutiny
notes
statutory
prerequisites
substantially
identical
commitment
basis
illness
retardation
commitment
ground
mental
illness
requires
proof
beyond
reasonable
doubt
individual
mentally
ill
person
ho
presents
danger
threat
danger
self
family
others
result
mental
illness
ho
reasonably
benefit
treatment
hospitalization
least
restrictive
alternative
mode
treatment
presently
available
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addition
two
prerequisites
mentioned
text
state
must
also
prove
commitment
beneficial
least
restrictive
alternative
method
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contend
rational
justification
imposition
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burden
proof
respect
prerequisites
institutionalization
cases
allegation
one
retardation
illness
see
ante
indeed
extent
addington
texas
discuss
difficulty
diagnosing
mental
illness
see
supports
use
lesser
standard
proof
practical
problems
created
supposed
serious
question
whether
state
ever
prove
beyond
reasonable
doubt
individual
mentally
ill
likely
dangerous
course
case
kentucky
determined
liberty
alleged
mentally
ill
sufficiently
precious
state
assume
risk
inherent
use
higher
standard
also
see
little
point
excursion
historical
difference
treatment
idiots
lunatics
see
ante
surely
intend
suggest
irrational
scientifically
unsupported
beliefs
england
support
distinction
treatment
mentally
ill
mentally
retarded
today
time
lunatics
een
demonically
possessed
products
parental
sin
often
punished
left
perish
see
herr
rights
advocacy
retarded
people
primary
purpose
adjudication
idiocy
appears
depriv
individual
property
profits
without
wealth
dealt
like
destitute
vagrant
persons
workhouses
houses
correction
petitioner
also
argues
mental
retardation
different
cases
mental
illness
permanent
condition
may
require
lifetime
care
see
brief
petitioner
petitioner
completely
fails
explain
permanence
condition
likely
need
lifetime
care
rationally
justify
regime
alleged
require
institutionalization
based
mental
retardation
face
greater
risk
erroneous
curtailment
liberty
alleged
require
based
mental
illness
distinction
proffered
state
accepting
factually
accurate
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merely
stereotype
cuts
quite
way
possibility
condition
thought
justify
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last
lifetime
suggests
person
committed
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basis
mental
retardation
less
likely
regain
liberty
one
institutionalized
basis
rationally
justify
disparity
commitment
standards
requiring
stricter
protection
mental
retardation
cases
based
mental
illness
way
around
course
guardians
relatives
already
act
witnesses
kind
proceeding
subject
limitations
relevance
interest
also
note
provides
support
speculation
adult
develops
mental
illness
greater
need
desire
privacy
involuntary
commitment
proceeding
adult
mentally
retarded