What Does the DOJ Memo Mean? Understanding Your Rights Under Olmstead
Many people with disabilities and advocates have questions about the recent DOJ memo. While the memo signals how the current DOJ may approach enforcement, it does not alter existing legal protections. Please read the FAQs below for more information:
June 22 marks the 27th anniversary of the U.S. Supreme Court’s landmark decision in Olmstead v. L.C., which affirmed that the unjustified segregation of people with disabilities constitutes discrimination under Title II of the Americans with Disabilities Act (ADA). The Olmstead decision reinforced the right of people with disabilities to live, work, and fully participate in their communities rather than be unnecessarily confined to institutions. More than two decades later, it remains one of the most significant disability rights rulings in our nation’s history.
As we mark this important day, we want to call attention to a recent U.S. Department of Justice Office of Legal Counsel memo that has generated significant discussion by challenging long-standing interpretations of Olmstead.
Read the summary from the National Disability Rights Network (NDRN), the nonprofit membership organization for the federally mandated Protection and Advocacy Systems (P&As) below to learn more and please stay tuned for updates.
“On June 18, 2026, the Department of Justice’s Office of Legal Counsel issued a slip opinion that directly attacks decades of progress toward equality, inclusion, and community living for people with disabilities. We strongly condemn this attempt to undermine the fundamental principle that people with disabilities have the right to live, work, learn, and receive services in their communities rather than be segregated in institutions. For generations, advocates, families, and people with disabilities have fought to dismantle systems of isolation and exclusion. This opinion rejects that hard-won progress and disregards the experiences of millions of Americans whose lives have been transformed by community-based services and supports.
Although this opinion does not overturn Olmstead v. L.C., repeal the Americans with Disabilities Act, or invalidate decades of federal court precedent, it sends a deeply troubling message about the Administration’s intentions. The opinion is inconsistent with longstanding interpretations of federal disability rights law embraced by courts and administrations of both parties. By questioning the legal foundations of the Integration Mandate, it threatens the protections that help people avoid unnecessary institutionalization, remain connected to their families, secure stable housing, access education and employment, and participate fully in civic life. At a time when community-based supports are already under strain, this effort risks reversing decades of bipartisan progress and weakening one of the most successful civil rights movements in our nation’s history.
“Our vision is rooted in hope and in the belief that people with disabilities belong in their communities, with the supports, opportunities, and dignity they deserve—and we will not go back,” said Marlene Sallo, Executive Director. We reject any effort to return to systems that separate people with disabilities from their communities or limit their choices and independence. We will continue to defend the protections and promises of Olmstead, the ADA, and Section 504; protect the services that make community living possible; and stand with people with disabilities and their families in the fight for equality, dignity, and self-determination. The work of community integration is not over, and our commitment to keeping people in their communities and homes remains as strong as ever.”
Read the full slip opinion
The recent DOJ memo does not change the law or the rights of people with disabilities. The U.S. Supreme Court’s decision in Olmstead v. L.C. remains binding law, and courts continue to recognize the rights of people with disabilities under the Americans with Disabilities Act (ADA).
The memo reflects the current Department of Justice’s legal position and may signal how the federal government approaches enforcement and litigation, but it does not overturn Olmstead, repeal the ADA, or eliminate existing legal protections.
As established by Olmstead, people with disabilities still have the right to receive services in the most integrated setting appropriate to their needs and to be free from unnecessary institutionalization.
Has this memo impacted the rights of people with disabilities?
The recent DOJ memorandum does not change the Olmstead decision. The memo expresses an opinion, but the opinion does not overrule Olmstead. It does not bind federal courts. It does not erase the ADA or existing court orders. It does not give any state permission to unnecessarily institutionalize people with disabilities.
If the law has not changed, why should I be concerned about this memo?
The memo reflects the legal position of the federal government, and while that does not overrule Olmstead, it does signal how federal agencies may approach enforcement. It is possible that this memo will be cited to discourage federal investigations, weaken oversight of state services, or otherwise disregard enforcement efforts.
How is DRNC responding to this memo?
Disability Rights North Carolina is closely monitoring developments and will be particularly alert about any shifts in federal enforcement priorities on Medicaid, Home and Community based services, Education and Community Integration. We will continue to advocate for the rights of people with disabilities to live, work, learn, and receive services in their communities.