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DOE EX REL. TARLOW v. DISTRICT OF COLUMBIA

No. 05-7190.

489 F.3d 376 (2007)

Jane DOE, I, by her next friend Linda J. TARLOW, et al., Appellees v. DISTRICT OF COLUMBIA and Mental Retardation and Developmental Disabilities Administration, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided June 12, 2007.

Attorney(s) appearing for the Case

Mary T. Connelly, Assistant Attorney General, Office of Attorney General for the District of Columbia, argued the cause for appellants. With her on the brief were Robert J. Spagnoletti, Attorney General at the time the brief was filed, Todd S. Kim, Solicitor General, and Edward E. Schwab, Deputy Solicitor General.

Robert A. Dybing, pro hac vice, argued the cause for appellees. With him on the brief was Harvey S. Williams.

Before: GRIFFITH and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

This case involves the District of Columbia's 2003 policy for authorizing surgeries for intellectually disabled persons who are in the District's care and have never had the mental capacity to make medical decisions for themselves. The District of Columbia authorizes surgeries for such persons when: (i) two physicians have certified that the proposed surgery is "clinically indicated...

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