DOJ memo questions disability integration mandate, advocates raise concerns
8 reported1 unconfirmed
The Justice Department released a memo this week from its Office of Legal Counsel arguing that states do not have to provide in-home or community-based care to people with disabilities. Disability advocates and legal experts expressed concern that the memo could lead states to cut such services and return to institutionalizing disabled Americans. The memo, written by Lanora Pettit, principal deputy assistant attorney general, contends that federal law does not impose an "integration mandate" on states to provide community services. It also argues that the Supreme Court's 1999 Olmstead v. L.C. decision only held that a state cannot institutionalize patients without justification, leaving what counts as adequate justification an open question. The Justice Department did not respond to NPR's request for an explanation of its position or why it is changing course after decades of legal and bipartisan support for community services. The memo arrives as a new case, Texas v. Kennedy, challenges the integration mandate, and the federal government is aligning itself with the plaintiffs. Multiple legal experts told NPR that the memo gives states permission to cut localized supports and rely on institutionalization, even though research shows institutionalization is more expensive.
What’s reported
The Justice Department memo argues states do not have to provide in-home or community-based care to people with disabilities.
The memo was written by Lanora Pettit, principal deputy assistant attorney general in the Office of Legal Counsel.
The memo contends federal law does not impose an "integration mandate" on states to provide community services.
The memo argues the Supreme Court's Olmstead decision "held only that a state cannot institutionalize such patients without justification."
The memo acknowledges its view "is out of step with the common understanding of that decision within the federal courts."
The Justice Department did not respond to NPR's request for comment.
The memo arrives as a new case, Texas v. Kennedy, challenges the integration mandate, and the federal government is aligning with plaintiffs.
Multiple legal experts told NPR the memo gives states permission to cut community services and rely on institutionalization, which research shows is more expensive.
Open questions
What the immediate impact of the memo will be, and whether the Justice Department will stop enforcement efforts around Olmstead.
Key figures
Alison Barkoff, health law and policy professor at George Washington University, former leader of disability law and policy under Obama and Biden administrations
Shira Wakschlag, of The Arc of the United States
Jennifer Mathis, of the Bazelon Center for Mental Health Law
Lanora Pettit, principal deputy assistant attorney general in the Office of Legal Counsel
American Association of People with Disabilities (organization)
President Trump (mentioned in context of executive order and campaign video)
Sources: NPR
