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Buck v. Bell, 274 U.S. 200 (1927), is a decision of the United States Supreme Court, written by Justice Oliver Wendell Holmes, Jr., in which the Court ruled that a state statute permitting compulsory sterilization of the unfit, including the intellectually disabled, "for the protection and health of the state" did not violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution. Despite the changing attitudes in the coming decades regarding sterilization, the Supreme Court has never expressly overturned Buck v. Bell. It was widely believed to have been slightly weakened by Skinner v. Oklahoma 316 U.S. 535 (1942), which involved compulsory sterilization of male habitual criminals. The Americans with Disabilities Act of 1990 has also made guaranteed protections from the federal government to people with disabilities, including the intellectually disabled.
Richard John Baker v. Gerald R. Nelson, 291 Minn. 310, 191 N.W.2d 185 (1971), is a case in which the Minnesota Supreme Court decided that construing a marriage statute to restrict marriage licenses to persons of the opposite sex "does not offend" the U.S. Constitution. Baker appealed the decision, and on October 10, 1972, the U.S. Supreme Court dismissed the appeal "for want of a substantial federal question".
In re Guardianship of Kowalski, 478 N.W.2d 790, is a Minnesota Court of Appeals case that established a lesbian's partner as her legal guardian after Sharon Kowalski became incapacitated following an automobile accident. Because the case was contested by Kowalski's parents and family and initially resulted in the partner being excluded for several years from visiting Kowalski, the gay community celebrated the final resolution in favor of the partner as a victory for gay rights.
The Education for All Handicapped Children Act (sometimes referred to using the acronyms EAHCA or EHA, or Public Law 94-142 was enacted by the United States Congress in 1975. This act required all public schools accepting federal funds to provide equal access to education and one free meal a day for children with physical and mental disabilities. Public schools were required to evaluate children with disabilities and create an educational plan with parent input that would emulate as closely as possible the educational experience of non-disabled students. The act was an amendment to Part B of the Education of the Handicapped Act enacted in 1966.
Youngberg v. Romeo, 457 U.S. 307 (1982), was a landmark United States Supreme Court case regarding the rights of the involuntarily committed and those with intellectual disabilities. Nicholas Romeo had an intellectual disability with an infant level IQ and was committed to a Pennsylvania state hospital. He was restrained for many hours of the day and repeatedly injured. The Supreme Court agreed with the Third Circuit Court of Appeals that involuntarily committed residents had the right to reasonably safe confinement conditions, no unreasonable body restraints and the habilitation they reasonably require.
Sell v. United States, 539 U.S. 166 (2003), is a decision in which the United States Supreme Court imposed stringent limits on the right of a lower court to order the forcible administration of antipsychotic medication to a criminal defendant who had been determined to be incompetent to stand trial for the sole purpose of making them competent and able to be tried. Specifically, the court held that lower courts could do so only under limited circumstances in which specified criteria had been met. In the case of Charles Sell, since the lower court had failed to determine that all the appropriate criteria for court-ordered forcible treatment had been met, the order to forcibly medicate the defendant was reversed.
Chicago, Milwaukee & St. Paul Railway Company v. Minnesota, 134 U.S. 418 (1890), was a case in which the Supreme Court of the United States held that procedural due process limits state regulatory power over railroad rates. A regulatory agency in Minnesota had set railroad rates that the Minnesota Supreme Court had refused to overturn. When the Chicago, Milwaukee, St. Paul and Pacific Railroad appealed the case, the U.S. Supreme Court found that the rates were set without due process of law, specifically without an opportunity to challenge the equality and reasonableness of the charges. The Minnesota court had sanctioned rate-setting without any judicial hearing, requirement of notice or witnesses, "-in fact, nothing which has the semblance of due process of law".
Washington v. Harper, 494 U.S. 210 (1990), was a United States Supreme Court case in which an incarcerated inmate sued the state of Washington over the issue of involuntary medication, specifically antipsychotic medication.
Riggins v. Nevada, 504 U.S. 127 (1992), is a U.S. Supreme Court case in which the court decided whether a mentally ill person can be forced to take antipsychotic medication while they are on trial to allow the state to make sure they remain competent during the trial.
The Minnesota Court of Appeals is the intermediate appellate court in the U.S. state of Minnesota. It began operating on November 1, 1983.
Rogers v. Okin was a landmark case in which the United States Court of Appeals for the First Circuit considered whether a person diagnosed with mental illness committed to a state psychiatric facility and assumed to be competent, has the right to make treatment decisions in non-emergency conditions.
Olmstead v. L.C., 527 U.S. 581 (1999), is a United States Supreme Court case regarding discrimination against people with mental disabilities. The Supreme Court held that under the Americans with Disabilities Act, individuals with mental disabilities have the right to live in the community rather than in institutions if, in the words of the opinion of the Court, "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." The case was brought by the Atlanta Legal Aid Society, Inc.
Minnesota v. Dickerson, 508 U.S. 366 (1993), was a decision by the Supreme Court of the United States. The Court unanimously held that, when a police officer who is conducting a lawful patdown search for weapons feels something that plainly is contraband, the object may be seized even though it is not a weapon. By a 6-to-3 vote, however, the court held that the officer in this case had gone beyond the limits of a lawful patdown search before he could determine that the object was contraband, making the search and the subsequent seizure unlawful under the Fourth Amendment.
Minnesota v. Clover Leaf Creamery Co., 449 U.S. 456 (1981), was a United States Supreme Court case which found no violation of the equal protection or commerce clauses in a Minnesota state statute banning retail sale of milk in plastic nonreturnable, nonrefillable containers, but permitting such sale in other nonreturnable, nonrefillable containers.
Bryan v. Itasca County, 426 U.S. 373 (1976), was a case in which the Supreme Court of the United States held that a state did not have the right to assess a tax on the property of a Native American (Indian) living on tribal land absent a specific Congressional grant of authority to do so.
This disability rights timeline lists events relating to the civil rights of people with disabilities in the United States of America, including court decisions, the passage of legislation, activists' actions, significant abuses of people with disabilities, and the founding of various organizations. Although the disability rights movement itself began in the 1960s, advocacy for the rights of people with disabilities started much earlier and continues to the present.
Hall v. Florida, 572 U.S. 701 (2014), was a United States Supreme Court case in which the Court held that a bright-line IQ threshold requirement for determining whether someone has an intellectual disability is unconstitutional in deciding whether they are eligible for the death penalty.
Sterilization law is the area of law, within reproductive rights, that gives a person the right to choose or refuse reproductive sterilization and governs when the government may limit this fundamental right. Sterilization law includes federal and state constitutional law, statutory law, administrative law, and common law. This article primarily focuses on laws concerning compulsory sterilization that have not been repealed or abrogated and are still good laws, in whole or in part, in each jurisdiction.
Moore v. Texas, 581 U.S. ___ (2017), was a United States Supreme Court decision clarifying that, in order to comply with Atkins v. Virginia, 536 U.S. 304 (2002), courts must use legitimate medical diagnostic criteria when diagnosing mental disabilities in those on death row. The Court relied on Atkins, which held that the execution of any individual with a mental disability is unconstitutional, in holding that "mild levels of intellectual disability ... nevertheless remain intellectual disabilities ... and States may not execute anyone in the entire category of intellectually disabled offenders."
References
- ↑ "Jarvis v. Levine, 418 NW 2d 139 - Minn: Supreme Court 1988" . Retrieved 2012-01-17.
- ↑ Beck, "Right to Refuse Antipsychotic Medication: Psychiatric Assessment and Legal Decision-Making," 11 Mental & Physical Disability L.Rep. 368 (1987).
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