New DOJ Opinion Challenges Disability Integration Mandate

In June 2026 the Justice Department’s Office of Legal Counsel issued an opinion that states are not required by law to provide home- and community-based services (HCBS) to people with disabilities. Memo reads the 1999 *Olmstead v. L.C.* decision as only prohibiting unjustified institutionalization, not imposing an integration mandate.

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The 1990 Americans with Disabilities Act (ADA) includes an integration mandate reinforced by *Olmstead*. Republican and Democratic administrations have sued states that rely on institutional care. The memo departs from that bipartisan practice.

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By 2023 about 8.4 million Americans received HCBS through Medicaid. The ADA turns 36 years in July 2026; *Olmstead* marks its 27th anniversary.

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The administration will shift special-education oversight from the Education Department to Health and Human Services, and Education Secretary Linda McMahon said partnership will align services to improve academic outcomes, expand access, and support people with disabilities. Justice Department declined comment on memo. The opinion also aligns with July 24 2025 executive order that frames homelessness as an issue and proposes institutionalization for individuals with mental illness.

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Maria Town, president of the American Association of People with Disabilities, warned that states ignoring the precedent “may be forced into institutions… and worst-case scenario, people will die.” Alison Barkoff called the shift “a direct threat to decades of progress toward community living.” Shira Wakschlag of The Arc said the opinion threatens community-based living. Jennifer Mathis of Bazelon Center warned institutional settings strip basic liberties.

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The memo is an agency opinion, not a binding rule, yet could shape state actions. Scholars say it conflicts with longstanding court rulings that treat *Olmstead* as imposing a federal integration requirement. Lanora Pettit, memo’s author, admitted the view “is out of step with the common understanding of that decision within the federal courts.” No court has yet ruled on the opinion.

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The *Texas v. Kennedy* case challenges the integration mandate and may define the memo’s reach. States and Medicaid cuts could use the opinion to curtail HCBS funding, prompting further litigation.

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• “It is now the position of the United States government that people with disabilities don't have a right to be part of their communities,” — Alison Barkoff, professor, George Washington University

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• “As America prepares to celebrate 250 years of independence, [this memo] threatens to drag our nation back to a dark and shameful era of ignorance and cruelty,” — American Association of People with Disabilities

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• “This opinion is a direct threat to decades of progress toward community living for people with disabilities,” — Shira Wakschlag, The Arc of the United States

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• “We recognize that this view of Olmstead's import is out of step with the common understanding of that decision within the federal courts.” — Lanora Pettit, deputy assistant attorney general, Office of Legal Counsel

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