On June 18th, 2026, the Department of Justice — an agency responsible for enforcing federal laws, acting as a representative for the United States in court — issued a legal opinion that undermines one of the most crucial civil rights protections for people with disabilities in the United States.

The legal opinion was issued in response to a case called Olmstead v. L.C., which was a landmark case brought before the U.S. Supreme Court back in 1999.

This case enshrined in law the rights of disabled individuals to stay in or return to their communities by ensuring their care was available not just in institutional settings (like hospitals), which historically kept disabled people isolated, but in their homes and neighborhoods.

And, crucially, the Olmstead ruling held states accountable when they failed to provide appropriate services in these settings.

The case involved two women from Georgia, Lois Curtis and Elaine Wilson, who both had intellectual disabilities and mental health conditions. 

Both women wanted to remain at home and receive community-based services, and their doctors agreed that they were capable of living independently with support, but both women were forced into state hospital settings repeatedly as the state took years to set up these services.

The case relied upon the ADA (Americans with Disabilities Act) and opened the question of whether or not people with disabilities could decide where to receive services and support. 

The Supreme Court at that time issued a requirement that states must eliminate any unnecessary segregation of people with disabilities, and that states must provide care in settings that are most appropriate for that person’s needs, including services that are integrated in the community.

In essence, the legal requirement safeguards against unnecessary institutionalization of disabled people. 

This was a critical moment in disabled history, especially in the United States, given how often disabled people were institutionalized or otherwise locked away from the rest of society, to the detriment of their wellbeing and sense of belonging. 

Equally important to consider is that when people with disabilities are confined, they are at greater risk of abuse and many of their personal freedoms are restricted, which is still true today. 

Research suggests that upwards of 82% of violence against developmentally disabled adults is carried out in institutions, as many such settings normalize and even encourage a culture of dehumanization toward disabled people.

What is the new DOJ opinion on Olmstead?

The legal opinion issued last month is a serious blow to what is a matter of dignity and safety for people with disabilities. 

The new opinion — while not a court decision — calls into question whether or not the federal government will protect disabled people. It states that federal disability laws may not require states to provide services in community settings.

Trusted organizations, like the National Association of Councils on Developmental Disabilities (NACDD), have expressed concern that the new opinion could make it harder for people with disabilities to:

• Live in their own homes or communities
• Get the services they need close to family and friends
• Have choices about where and how they live
• Be fully included in community life
• Avoid unnecessary placement in institutions and other segregated settings

This opinion impacts not only those with intellectual disabilities, but those with mental health conditions, older Americans requiring more hands-on care, people with physical disabilities, family caregivers, and anyone who relies on home-based services, even temporarily.

It’s also important to understand the economic impact of such an opinion. Institutional-level care is much more expensive and involved, as home services generally cost much less and reduce hospitalizations and emergency care that inevitably happens when individuals are trying to survive without integrated, community- and home-based care.

What’s changed in light of the DOJ’s new opinion on Olmstead?

It’s crucial to right-size this opinion and know that the Olmstead decision via the Supreme Court is still technically in place. The question is how it will be enforced in the future.

The ADA and Section 504 — which prohibit discrimination against disabled people and require entities like hospitals, schools, and employers to provide reasonable accommodations and equal access — are also still in effect.

What this does signal, however, is a wavering commitment on the part of the federal government to enforce protections that allow disabled people to stay in their communities. 

Therefore, people with disabilities should be aware of this shift, first and foremost. It could make it harder to get help from the federal government if their at-home services are denied, and they may be pushed toward institutional care even if that level of care isn’t appropriate for them.

What can we do now?

Generally speaking, when the rights of a group are threatened, they aren’t dissolved all at once. Instead, it’s often quiet and incremental, where opinions like these are rolled out with little fanfare, with the hopes that they’ll go unnoticed and unchallenged.

This is why those who love and support disabled people should be especially vocal in their opposition to this opinion and the stance the DOJ has now taken.

Here in Nebraska, local disability advocacy organizations are encouraging people to take the following steps:

✔︎ Alert your city council and local representatives

The impact of this decision is far-reaching, both for the dignity of disabled people and elders, as well as careworkers.

Those who provide in-home services may lose their jobs or have hours reduced as coverage wavers, and those who work in hospital settings may be burdened with larger caseloads as more people are forced to shift to institutional settings for care that was once provided at home.

→ Ask your city council and county boards if they’re aware of this opinion, and what they intend to do to protect these vital services and the jobs of those who provide them, and keep disabled people in their communities.

✔︎ Contact state lawmakers

This opinion may impact how your state manages its services for disabled people. State lawmakers are heavily involved in decisions around funding, and that funding can make the difference between how disabled people access services in the future. 

→ Contact your state lawmakers about this opinion and vocalize your support for funding in-community services for disabled people, especially now.

✔︎ Talk to your neighbors and community

Many people are simply unaware when these decisions are made and how it may personally affect them. Disability impacts many people, including our elders and those struggling with mental health. 

→ Let people know where you stand and encourage them to stay engaged.

✔︎ Find a local organization to stay connected

None of us are meant to do this alone. Finding an organization that is in solidarity with disabled people can make our advocacy efforts more impactful and far-reaching.

If you’re local to the Nebraska area, Disability Rights Nebraska is a great organization to get involved with. DRNE advocates for the legal and human rights of all people with disabilities, and helps Nebraskans sharpen their advocacy skills as well as create supportive spaces for those with lived experience.

→ Learn more about getting involved with Disability Rights Nebraska.