In the case of Vitek v. Jones, 1977, the U.S Supreme Court ruled that a prisoner has a constitutional right to procedural due process before being transferred to a mental hospital. The court held that such transfer could be considered as an additional punishment beyond imprisonment and therefore requires adequate notice and an opportunity for hearing. In this case, Warren Jones was serving his sentence in Nebraska when he was diagnosed with mental illness and moved to a psychiatric hospital without any prior notification or chance for appeal against the decision. He filed suit arguing violation of his Fourteenth Amendment rights which guarantees "no state shall deprive any person of life, liberty or property without due process of law". The ruling favored Jones stating that involuntary commitment to a mental institution is not within the range of conditions inherent in or anticipated by his prison term.

In the dissenting opinion for Vitek v. Jones, Justice Rehnquist disagreed with the majority's view that a prisoner has a constitutional right to not be transferred to a mental institution without due process. He argued that this interpretation expanded the Due Process Clause beyond its intended scope and historical understanding. Rehnquist believed that while such transfers may involve significant changes in conditions of confinement, they do not necessarily constitute an additional deprivation of liberty warranting further procedural protections under the Fourteenth Amendment. The justice also expressed concern about judicial intrusion into areas traditionally managed by prison administrators and medical professionals, suggesting it could disrupt effective administration and treatment decisions within correctional facilities.