Olmstead v. L.c., by Zimring

Summary

The Court held that unjustified institutional isolation of persons with disabilities constitutes discrimination under Title II of the ADA. Community placement is required when state treatment professionals find it appropriate, the affected individuals do not oppose it, and placement can be reasonably accommodated considering available resources and others' needs. The Court affirmed in part, vacated in part, and remanded. Justice Ginsburg's discussion of the fundamental-alteration defense in Part III–B, joined by Justices O'Connor, Souter, and Breyer, explained that courts must consider the State's overall service obligations and equitable allocation of resources. Justice Stevens joined the majority portions and the judgment, although he preferred simply to affirm and leave correction of the subsequent district court ruling to further review. Justice Kennedy concurred in the judgment, emphasizing deference to medical and funding decisions and proposing further inquiry into differential treatment of comparable groups; Justice Breyer joined Part I of his opinion. Justice Thomas, joined by Chief Justice Rehnquist and Justice Scalia, dissented because respondents had not established differential treatment by reason of disability.