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DOJ Memo Rewrites Olmstead, Risks Institutional Care

6/23/2026

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Story summary
  • The Justice Department’s Office of Legal Counsel issued a memo that reinterprets Olmstead decision, says states need not provide home-and-community-based services, and aligns with the Texas v. Kennedy lawsuit.
  • Disability leaders, including Maria Town of the American Association of People with Disabilities, warned the interpretation could force institutional care and harm health.
  • The memo appears alongside a plan to shift special-education oversight to Health and Human Services and Medicaid cuts.