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The Olmstead case was brought by two Georgia women whose disabilities include mental retardation and mental illness. At the time the suit was filed, both plaintiffs lived in State-run institutions, despite the fact that their treatment professionals had determined that they could be appropriately served in a community setting. The plaintiffs asserted that continued institutionalization […]

In Olmstead v. L.C., 527 U.S. 581 (1999), the Supreme Court turned treatment for individuals with special needs on its head. Justice Ginsburg, writing for the Court framed the issue presented as follows: “Specifically, we confront the question whether the proscription of discrimination may require placement of persons with mental disabilities in community settings rather […]

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