context: The Fourteenth Amendment provides that "[n]o state shall ... deprive any person of life, liberty, or property, without due process of law[.]" U.S. Const, amend. Indefinite commitment to MSOP unquestionably constitutes a "significant deprivation of liberty" that infringes upon one's fundamental right to be free from confinement.
citation_a.signal: see also
citation_a.parenthetical: "The requirement that the grounds for civil commitment be shown by clear and convincing evidence protects the individual's fundamental interest in liberty."
citation_a.sentence: See Jones v. United States, 463 U.S. 354, 361, 103 S.Ct. 3043, 77 L.Ed.2d 694 (1983) (“[C]ommitment for any purpose constitutes a significant deprivation of liberty that requires due process protection.”); see also Cooper v. Oklahoma, 517 U.S. 348, 368-69, 116 S.Ct. 1373, 134 L.Ed.2d 498 (1996) (“The requirement that the grounds for civil commitment be shown by clear and convincing evidence protects the individual’s fundamental interest in liberty.”). Where the government acts in a systematic way (for example through combined legislative and executive action) to indefinitely confine a class of citizens in detention facilities — such as those of MSOP — the government action must be narrowly tailored to serve a compelling state interest in order to pass constitutional muster.
citation_b.signal: see
citation_b.identifier: 463 U.S. 354, 361
citation_b.parenthetical: "[C]ommitment for any purpose constitutes a significant deprivation of liberty that requires due process protection."
citation_b.sentence: See Jones v. United States, 463 U.S. 354, 361, 103 S.Ct. 3043, 77 L.Ed.2d 694 (1983) (“[C]ommitment for any purpose constitutes a significant deprivation of liberty that requires due process protection.”); see also Cooper v. Oklahoma, 517 U.S. 348, 368-69, 116 S.Ct. 1373, 134 L.Ed.2d 498 (1996) (“The requirement that the grounds for civil commitment be shown by clear and convincing evidence protects the individual’s fundamental interest in liberty.”). Where the government acts in a systematic way (for example through combined legislative and executive action) to indefinitely confine a class of citizens in detention facilities — such as those of MSOP — the government action must be narrowly tailored to serve a compelling state interest in order to pass constitutional muster.