United States Second Circuit

A suit challenging a Vermont law that overrides the durable power of attorney for health care for patients who are committed or imprisoned, Vt. Stat. Ann. tit. 18, section 7624, is ripe for adjudication; plaintiffs have standing, and the law does facially discriminate against mentally disabled individuals in violation of the ADA and the Rehabilitation Act.

Appellate Information

• Decided 08/01/2003
• Published 08/01/2003

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before:  VAN GRAAFEILAND, JACOBS, and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• John Townsend Rich (Richard L. Matheny, III, of counsel), Shea & Gardner, Washington, D.C., for Amici Curiae 18 Former State Mental Health Commissioners, the National Mental Health Association, the Vermont Association for Mental Health, the International Association of Psychosocial Rehabilitation Services, the New York. Association of Psychiatric Rehabilitation Services, the American Network of Community Options and Resources, HalfthePlanet Foundation, the American Association of People with Disabilities, the Polio Society, and the National Health Law Program., Susan Stefan (Robert D. Fleischner, of counsel), Center for Public Representation, Northampton, MA, for Amici Curiae National Association of Protection and Advocacy Systems, the Judge David Bazelon Center for Mental Health Law, and National Association of Rights Protection and Advocacy.


• For Appellees:
  
• Bridget C. Asay, Assistant Attorney General, State of Vermont Office of the Attorney General, Montpelier, VT, for Defendants-Appellants., Paul M. Smith (Leondra R. Kruger, of counsel), Jenner & Block LLC, Washington, D.C., for Plaintiff-Appellee and Plaintiff-Intervenor-Appellee.