608
Kennedy, J., concurring in judgment
But because there are not five votes for that disposition, I join the Court's judgment and Parts I, II, and III-A of its opinion. Cf. Bragdon v. Abbott, 524 U. S. 624, 655-656 (1998) (Stevens, J., concurring); Screws v. United States, 325 U. S. 91, 134 (1945) (Rutledge, J., concurring in result).
Justice Kennedy, with whom Justice Breyer joins as to Part I, concurring in the judgment.
I
Despite remarkable advances and achievements by medical science, and agreement among many professionals that even severe mental illness is often treatable, the extent of public resources to devote to this cause remains controversial. Knowledgeable professionals tell us that our society, and the governments which reflect its attitudes and preferences, have yet to grasp the potential for treating mental disorders, especially severe mental illness. As a result, necessary resources for the endeavor often are not forthcoming. During the course of a year, about 5.6 million Americans will suffer from severe mental illness. E. Torrey, Out of the Shadows 4 (1997). Some 2.2 million of these persons receive no treatment. Id., at 6. Millions of other Americans suffer from mental disabilities of less serious degree, such as mild depression. These facts are part of the background against which this case arises. In addition, of course, persons with mental disabilities have been subject to historic mistreatment, indifference, and hostility. See, e. g., Cleburne v. Cleburne Living Center, Inc., 473 U. S. 432, 461- 464 (1985) (Marshall, J., concurring in judgment in part and dissenting in part) (discussing treatment of the mentally retarded).
Despite these obstacles, the States have acknowledged that the care of the mentally disabled is their special obligation. They operate and support facilities and programs, sometimes elaborate ones, to provide care. It is a continu-
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