Legal Opinion · Dissent
Halderman v. Pennhurst State School & Hospital
Court of Appeals for the Third Circuit
Decided December 13, 1979No. Nos. 78-1490, 78-1564 and 78-1602Published
1Dissent
SEITZ, Chief Judge,
with whom ALDISERT and JAMES HUNTER, III, Circuit Judges, join, dissenting.
This case poses what is for the judiciary a singularly difficult and sensitive problem. *117At a federal judicial level, we are asked to interpret relatively new and innovative legislation and to embark upon uncharted constitutional waters. At a factual level, the record presents a mass of social science and medical data from which judges are.asked to fashion legal rules.
Initially, I have no trouble agreeing with’ the majority that the conditions at Penn-hurst revealed in this record fall below a…
2Cases cited39 opinions
- Bell v. WolfishSupreme Court of the United States · 1979
- Shapiro v. ThompsonSupreme Court of the United States · 1969
- Massachusetts Board of Retirement v. MurgiaSupreme Court of the United States · 1976
- Shelton v. TuckerSupreme Court of the United States · 1960
- Crawford Fitting Co. v. J. T. Gibbons, Inc.Supreme Court of the United States · 1987
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