Cite as: 518 U. S. 1 (1996)
Scalia, J., dissenting
the theory (importance of psychotherapy) upon which the Court rests its disposition.
Second, the Court does not reveal the enormous degree of disagreement among the States as to the scope of the privilege. It concedes that the laws of four States are subject to such gaping exceptions that they are " 'little better than no privilege at all,' " ante, at 17, 18, and n. 18, so that they should more appropriately be categorized with the five States whose laws contradict the action taken today. I would add another State to those whose privilege is illusory. See Wash. Rev. Code § 18.19.180 (1994) (disclosure of information required "[i]n response to a subpoena from a court of law"). In adopting any sort of a social-worker privilege, then, the Court can at most claim that it is following the legislative "experience" of 40 States, and contradicting the "experience" of 10.
But turning to those States that do have an appreciable privilege of some sort, the diversity is vast. In Illinois and Wisconsin, the social-worker privilege does not apply when the confidential information pertains to homicide, see Ill. Comp. Stat., ch. 740, § 110/10(a)(9) (1994); Wis. Stat. § 905.04(4)(d) (1993-1994), and in the District of Columbia when it pertains to any crime "inflicting injuries" upon persons, see D. C. Code Ann. § 14-307(a)(1) (1995). In Missouri, the privilege is suspended as to information that pertains to a criminal act, see Mo. Rev. Stat. § 337.636(2) (1994), and in Texas when the information is sought in any criminal prosecution, compare Tex. Rule Civ. Evid. 510(d) with Tex. Rule Crim. Evid. 501 et seq. In Kansas and Oklahoma, the privilege yields when the information pertains to "violations of any law," see Kan. Stat. Ann. § 65-6315(a)(2) (Supp. 1990); Okla. Stat., Tit. 59, § 1261.6(2) (1991); in Indiana, when it reveals a "serious harmful act," see Ind. Code § 25-23.6-6-1(2) (1993); and in Delaware and Idaho, when it pertains to any "harmful act," see Del. Code Ann., Tit. 24, § 3913(2) (1987); Idaho Code § 54-3213(2) (1994). In Oregon, a state-
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