OLMSTEAD v. L. C.

No. 98-536.

527 U.S. 581 (1999)

OLMSTEAD, COMMISSIONER, GEORGIA DEPARTMENT OF HUMAN RESOURCES, et al. v. L. C., BY ZIMRING, guardian ad litem and next FRIEND, et al.

United States Supreme Court.

Decided June 22, 1999.


Attorney(s) appearing for the Case

Beverly Patricia Downing, Senior Assistant Attorney General of Georgia, argued the cause for petitioners. With her on the briefs were Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Jefferson James Davis, Special Assistant Attorney General, and Jeffrey S. Sutton.

Michael H. Gottesman argued the cause for respondents. With him on the brief were Steven D. Caley, Susan C. Jamieson, and David A. Webster.

Irving L. Gornstein argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Waxman, Acting Assistant Attorney General Lee, Deputy Solicitor General Underwood, Jessica Dunsay Silver, and Gregory B. Friel.*

Ginsburg, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III—A, in which Stevens, O'Connor, Souter, and Breyer, JJ., joined, and an opinion with respect to Part III—B, in which O'Connor, Souter, and Breyer, JJ., joined. Stevens, J., filed an opinion concurring in part and concurring in the judgment, p. 607. Kennedy, J., filed an opinion concurring in the judgment, in which Breyer, J., joined as to Part I, p. 608. Thomas, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia, J., joined, p. 615.


Justice Ginsburg announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III—A, and an opinion with respect to Part III—B, in which Justice O'Connor, Justice Souter, and Justice Breyer join.

This case concerns the proper construction of the antidiscrimination provision contained in the public services portion (Title II) of the Americans with Disabilities Act...

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