314
Opinion of the Court
Due Process Clause is in an accurate decision, not a favorable one. Pp. 330-333.
965 F. 2d 109, reversed.
Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Scalia, and Thomas, JJ., joined. O'Connor, J., filed an opinion concurring in the judgment in part and dissenting in part, post, p. 334. Blackmun, J., filed a dissenting opinion, post, p. 334. Souter, J., filed a dissenting opinion, in which Blackmun and Stevens, JJ., joined, and in Part II of which O'Connor, J., joined, post, p. 335.
William K. Moore argued the cause for petitioner. With him on the briefs were Edward D. Klatte and Charles P. Lawrence.
Kelly Miller argued the cause for respondents. With her on the brief was Brian Wolfman.*
Justice Kennedy delivered the opinion of the Court.
In the Commonwealth of Kentucky, involuntary civil commitments of those alleged to be mentally retarded and of those alleged to be mentally ill are governed by separate statutory procedures. Two differences between these commitment proceedings are at issue in this case. First, at
*Briefs of amici curiae urging reversal were filed for the State of New Jersey et al. by Robert J. Del Tufo, Attorney General, Joseph L. Yannotti, Assistant Attorney General, Mary C. Jacobson, Senior Deputy Attorney General, and Sharon M. Hallanan, Deputy Attorney General, joined by the Attorneys General for their respective States as follows: Linley E. Pearson of Indiana, Frank J. Kelley of Michigan, Hubert H. Humphrey III of Minnesota, Don Stenberg of Nebraska, Mark Barnett of South Dakota, and Mary Sue Terry of Virginia; for Concerned Families of Hazel-wood Center, ICR/MR, Inc., et al. by Frank Coryell; and for Voice of the Retarded et al. by William F. Sherman.
Briefs of amici curiae urging affirmance were filed for the American Association on Mental Retardation et al. by James W. Ellis and Maureen A. Sanders; and for Focus on Community Understanding and Services, Inc., et al. by Ronald L. Smith and Michael Kirkman.
John Townsend Rich, Christopher E. Palmer, and Leonard S. Ruben-stein filed a brief for the Mental Health Law Project as amicus curiae.
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