United States DC Circuit

In case involving 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, summary judgment for plaintiffs and permanent injunction against authorizing elective surgeries of such persons under its present policy are reversed as the policy is consistent with D.C. statutory law and the Due Process Clause.

Appellate Information

• Argued 02/06/2007
• Decided 06/12/2007
• Published 06/12/2007

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• 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.


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