WASHINGTON, D.C. — The Department of Justice issued a legal opinion in June 2024 stating that federal disability rights laws do not require states to provide services that allow people with disabilities to remain in their homes rather than institutions. The Department acknowledged its interpretation is out of step with the common understanding of the Olmstead v. L.C. decision within the federal courts.

The Office of Legal Counsel issued a slip opinion titled Application of the Rehabilitation Act and Americans with Disabilities Act to State Institutionalization of Patients with Severe Mental Illness or Disabilities. The document states that neither section 504 of the Rehabilitation Act nor Title II of the ADA imposed an integration mandate on states in their treatment of mentally disabled individuals. The memo states that states may have legitimate reasons to treat mentally disabled people in institutions, including resource constraints, capacity limitations in community-based facilities, and safety concerns for both the patient and the community.

In 1999, the Supreme Court ruled in Olmstead v. L.C. that unjustified institutionalization constituted discrimination under the Americans with Disabilities Act. Advocacy groups state that legal protections for approximately 40 million adults and 5 million children with disabilities could be undermined by the new Department of Justice interpretation.

Senator Tammy Duckworth stated, "The Trump Administration's memo is an outrageous attack on the rights and independence of the disability community." She and other Senate Democrats introduced a resolution calling on the Department of Justice to rescind its June legal opinion. Shira Wakschlag, Senior Executive Officer of Legal Advocacy and General Counsel at The Arc, stated, "The administration's attempt to dismantle decades of progress in community integration is alarming and inconsistent with federal disability rights laws and Supreme Court precedent as well as the critical enforcement work of prior administrations."

Department of Health and Human Services spokesperson Emily Hilliard stated, Our commitment to ensuring that individuals with disabilities are treated with dignity, afforded equal opportunity, and are able to meaningfully access community services remains unchanged.""

Texas, Alaska, and Florida are plaintiffs in a 2024 lawsuit in the U.S. District Court for the Northern District of Texas arguing that a Department of Health and Human Services rule regarding the integration mandate is unlawful. Texas, Alaska, and Florida filed documentation citing the Department of Justice's June opinion as a new and relevant development in their lawsuit challenging the HHS integration mandate. Documentation citing the Department of Justice's June opinion has been filed in disability rights cases in Florida and New Hampshire.