ABSTRACT
The Department of Mental Hygiene fitfully attempted to dispose of the Willowbrook scandal and resented any intrusions on its autonomy. Plaintiffs were deeply disappointed with Judd’s rejection of a right to treatment, fearful that he meant to accomplish little more than make Willowbrook into a safer warehouse. From the day Rivera’s film clips aired right through the start of the second Willowbrook trial, the state attempted to demonstrate to the court and the press its ability to resolve the scandal. Alan Miller was worried about not only the long-term deadline but also the possibility that the scandal might bring HEW auditors to New York might recommend an immediate cutoff of funds. In the summer of 1972, someone in DMH had the brainstorm to transfer residents from Willowbrook to the empty wards in the state’s mental hospitals. Ennis was disturbed by Judd’s reluctance to take bold steps, either in interpreting constitutional doctrines or in disciplining the state.
