Advocacy Radar: DOJ Memo Threatens the Right to Live in the Community

On June 18, the Department of Justice (DOJ) released a legal memo saying that federal disability rights laws do not require states to provide services in the most integrated setting.

This directly attacks Olmstead v. L.C., a landmark 1999 Supreme Court ruling that has been the foundation of disability civil rights law for 27 years. Olmstead established the "integration mandate" — the legal requirement that people with disabilities must be served in the most integrated (least restrictive) setting appropriate to their needs. This protection has been understood for decades through the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and Olmstead itself. Courts across the country have upheld it for decades.

The DOJ memo argues that none of these laws actually require services in the most integrated setting, and that Congress never intended to make unnecessary institutionalization illegal. The memo itself admits this view is "out of step" with decades of court rulings.

This memo is not a law — but it matters. Federal agencies look to it when deciding how to act, and states may use it as an excuse to cut back on community-based services. If that happens, people with disabilities could face pressure to move into institutions, even when they want to — and can — live in the community. Research consistently shows that community-based care is both better for people and less expensive.

Where We Stand

From the Independent Living Movement's perspective: segregation is discrimination and the integration mandate is not optional. Centers for Independent Living exist because of the hard-won principle that people with disabilities have the right to self-determination, dignity, and full inclusion in their communities — not to be managed, isolated, or institutionalized. Our center stands firmly with that principle.

Update — September 2026

This DOJ memo is connected to a bigger legal fight over the right to live in the community. The case is called Texas v. Kennedy, and it has now concluded.

Back in 2024, 17 states sued the federal government and asked the court to get rid of Section 504 entirely. After strong pushback from the disability community, most of those states backed off that claim, and the lawsuit narrowed to challenge one specific part of the 2024 rules: the "integration mandate," which requires people with disabilities to receive services in the most integrated setting appropriate to their needs.

On August 31, the Department of Justice — representing HHS — joined five remaining states (Texas, Florida, Alaska, Louisiana, and Montana) in asking the court to remove that language from the rules. On September 23, the judge granted that request. The ruling strikes the community integration provisions from the 2024 Section 504 regulations nationwide, and the case is now closed.

Here's what stays the same, even after this ruling: Section 504 itself, the ADA, and the Supreme Court's 1999 Olmstead decision are all still the law. This ruling didn't and couldn't change any of them — only Congress can do that. What changed is the specific regulatory language that explained how that right gets put into practice day to day. Losing that language is a real setback, even with the underlying law intact.

National disability organizations have condemned the ruling and are calling for renewed advocacy — including support for legislation that would codify Olmstead protections directly into federal law, so they no longer depend on regulations that can be undone through litigation.

For Understanding the Olmstead Memo and the Texas v. Kennedy Lawsuit

On the original DOJ memo (June 2026):

• NCIL: Statement Condemning and Rejecting the DOJ Memo

• AAPD: DOJ Memo Is Attempting to Turn Back the Clock on Integration and Olmstead's Promise

• ASAN: ASAN Condemns OLC Memo Threatening Community Living

• ACLU: Statement on DOJ Memo Threatening the Right to Community Living

• DREDF: We Belong in the Community, Not in Institutions

• Communication First: First In, Last Out — What to Know and Why to Care About Olmstead and the DOJ Memo

 On the Texas v. Kennedy lawsuit (September 2026):

• AAPD: Statement on Ruling Vacating Community Integration Provisions in 2024 Section 504 Rule

• DREDF: Texas v. Kennedy — Full Case Explainer (updated with ruling)  

• ASAN Opposes Decision in Texas v. Kennedy

#Olmstead

This is one of three major threats disabled people are facing right now. See all three and how to get involved →