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SELL v. UNITED STATES

No. 02-5664.

539 U.S. 166 (2003)

SELL v. UNITED STATES.

Supreme Court of United States.

Decided June 16, 2003.

Attorney(s) appearing for the Case

Barry A. Short, by appointment of the Court, 537 U.S. 1087, argued the cause for petitioner. With him on the briefs were Neal F. Perryman, Mark N. Light, Norman S. London, and Lee T. Lawless.

Deputy Solicitor General Dreeben argued the cause for the United States. With him on the briefs were Solicitor General Olson, Assistant Attorney General Chertoff, Lisa Schiavo Blatt, and Joseph C. Wyderko.*

BREYER, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and STEVENS, KENNEDY, SOUTER, and GINSBURG, JJ., joined. SCALIA, J., filed a dissenting opinion, in which O'CONNOR and THOMAS, JJ., joined, p. 186.

JUSTICE BREYER delivered the opinion of the Court.

The question presented is whether the Constitution permits the Government to administer antipsychotic drugs involuntarily to a mentally ill criminal defendant—in order to render that defendant competent to stand trial for serious, but nonviolent, crimes. We conclude that the Constitution allows the Government to administer those drugs, even against the defendant's will, in limited circumstances, i. e.,<...

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