Doe ex. rel. Tarlow v. District of Columbia, 489 F.3d 376 (D.C. Cir. 2007), is a decision of the United States Court of Appeals for the District of Columbia Circuit, written by Circuit Judge Brett Kavanaugh, in which the Court upheld a 2003 District of Columbia statute that stated the conditions for authorizing a non-emergency surgical procedure on a mentally incompetent person. This case developed out of an appeal to a district court decision that was brought on behalf of two mentally incompetent patients who were subject to an abortion without their consent and another patient who was subject to an eye surgery without her consent. The appellate case had the result of upholding the statute's constitutional legality of applying two separate categories of rights to incompetent persons. Unde