In the case of Carrie Jaffee v. Mary Lu Redmond et al., 1995, the U.S Supreme Court ruled that confidential communications between a licensed psychotherapist and their patients are protected under federal law. The case arose after Ricky Allen was killed by police officers in Chicago who were responding to a call about an armed man behaving erratically. His family sued for wrongful death and sought notes from therapy sessions he had with social worker Mary Lu Redmond as part of their evidence. However, she refused to provide them citing patient confidentiality rights. The court sided with her, establishing that such communications have privileged status unless waived by the patient or in cases where serious harm is threatened.

In the dissenting opinion for Carrie Jaffee v. Mary Lu Redmond, Justice Scalia argued that there was no reason to create a federal psychotherapist-patient privilege in this case. He believed that such decisions should be left to state courts and legislatures who are more familiar with their own local conditions and needs. Furthermore, he contended that creating such a privilege could potentially hinder law enforcement efforts by protecting information relevant to criminal investigations or trials. Lastly, he pointed out inconsistencies in the majority's reasoning regarding when exceptions might apply to this newly created privilege.