Mississippi seeks to derail federal suits over mental health

Legal Events

The U.S. Justice Department overreached in suing Mississippi over its mental health system, the state’s solicitor general has argued to a federal appeals court.

A Justice Department attorney countered that there’s ample precedent to show the department has the power to enforce the Americans with Disabilities Act.

A three-judge panel of the 5th U.S. Circuit Court of Appeals heard arguments Wednesday in New Orleans. The Northeast Mississippi Daily Journal reported that judges on the conservative court appeared receptive to limiting the Justice Department’s role.

A ruling against the department could ultimately push the issue to the U.S. Supreme Court in a case that could have nationwide implications.

The federal government issued a letter in 2011 saying Mississippi had done too little to provide mental health services outside mental hospitals. The Justice Department sued Mississippi in 2016.

U.S. District Judge Carlton Reeves ruled in 2019 that Mississippi had violated the ADA by having inadequate resources in communities to treat people with mental illnesses.

Evidence showed people were repeatedly admitted to state hospitals for lengthy stays, only to later return to the hospitals without long-term improvement.

Mississippi Solicitor General Scott Stewart — the same attorney who argued an abortion case before the U.S. Supreme Court that overturned Roe v. Wade — told the appeals panel Wednesday that since Reeves’ ruling, the state has improved its mental health system. Stewart said limiting the federal government’s ability to intervene is important because lawsuits can cost states thousands of dollars.

Related listings

  • Bench trial for a man accused of killing 2 women in Phoenix

    Bench trial for a man accused of killing 2 women in Phoenix

    Legal Events 10/02/2022

    A bench trial is scheduled to begin Monday for a man accused of sexually attacking and fatally stabbing two young women in separate killings nearly 30 years ago near a metro Phoenix canal system.Bryan Patrick Miller, 49, is charged with two counts ea...

  • Biden taps Montana law professor to be 9th Circuit judge

    Biden taps Montana law professor to be 9th Circuit judge

    Legal Events 09/07/2022

    President Joe Biden nominated has nominated a University of Montana law professor to be a judge on the 9th U.S. Circuit Court of Appeals.Anthony Johnstone is a former solicitor for the state of Montana who has taught at the University of Montana sinc...

  • Breyer, Gorsuch join to promote education about Constitution

    Breyer, Gorsuch join to promote education about Constitution

    Legal Events 08/12/2022

    education about the Constitution, joining Justice Neil Gorsuch at a time of intense political polarization and rising skepticism about the court’s independence.The National Constitution Center in Philadelphia said Thursday that Breyer and Gorsu...

New York Adoption, Foster Care Litigation and Family Law

Rosin Steinhagen Mendel is a law firm dedicated to serving our clients in New York City, the surrounding counties in southern New York State, and in New Jersey, in the areas of adoption, foster care litigation, and family law.

We represent our clients in all types of proceedings that include termination of parental rights, permanency hearings, custody hearings, guardianship, administrative proceedings, and adoption. Our goal is to provide each of our clients with the best possible representation in all aspects of their cases, and clients appreciate our careful analysis of individual cases, through preparation and attention to detail. For over 35 years, our attorneys have represented adoptive parents, birth parents, foster parents, children, foster care agencies, and adoption agencies. We represent our clients in all types of proceedings that include termination of parental rights, permanency hearings, custody hearings, guardianship, administrative proceedings, and adoption.

Our goal for our lawyers is to provide each of our clients with the best possible representation in all aspects of their cases, and clients appreciate our careful analysis of individual cases, through our preparation and attention to detail.