Cite as: 527 U. S. 581 (1999)
Opinion of the Court
Justice Ginsburg announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III-A, and an opinion with respect to Part III-B, in which Justice O'Connor, Justice Souter, and Justice Breyer join.
This case concerns the proper construction of the anti-discrimination provision contained in the public services portion (Title II) of the Americans with Disabilities Act of 1990 (ADA), 104 Stat. 337, 42 U. S. C. § 12132. Specifically, we confront the question whether the proscription of discrimination may require placement of persons with mental disabilities in community settings rather than in institutions. The answer, we hold, is a qualified yes. Such action is in order when the State's treatment professionals have determined that community placement is appropriate, the transfer from institutional care to a less restrictive setting is not opposed by the affected individual, and the placement can be reasonably accommodated, taking into account the resources available to the State and the needs of others with mental disabilities. In so ruling, we affirm the decision of the Eleventh Circuit in substantial part. We remand the case, however, for further consideration of the appropriate relief, given the range of facilities the State maintains for the care and treatment of persons with diverse mental disabilities, and its obligation to administer services with an even hand.
Psychiatric Association et al. by Richard G. Taranto; for 58 Former State Commissioners and Directors of Mental Health and Developmental Disabilities et al. by Neil V. McKittrick; for the National Council on Disability by Robert L. Burgdorf, Jr.; for the National Mental Health Consumers' Self-Help Clearinghouse et al. by Loralyn McKinley; for Dick Thornburgh et al. by Mr. Thornburgh, pro se, James E. Day, and David R. Fine; for People First of Georgia et al. by Thomas K. Gilhool; and for the Voice of the Retarded et al. by William J. Burke and Tamie Hopp.
Stephen F. Gold filed a brief for ADAPT et al. as amici curiae.
587
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007