On June 18, 2026, the U.S. Department of Justice (DOJ) released a legal opinion that advances a troubling reinterpretation of the Olmstead decision and the integration mandate.
The Supreme Court’s landmark decision in Olmstead v. L.C. (1999) found that the unjustified segregation of individuals with disabilities into institutions is discrimination under the Americans with Disabilities Act (ADA). Olmstead also affirmed the integration mandate, which requires states to provide services to people with disabilities in the most integrated setting appropriate to their needs. Contrary to how courts and the federal government have long interpreted Olmstead, the ADA, and Section 504 of the Rehabilitation Act, DOJ’s memorandum claims that the integration mandate is not supported by federal law.
NDSS has serious concerns with this new legal opinion, which DOJ acknowledges is “out of step” with how Olmstead has been understood by courts for over 25 years. The integration mandate protects the right to community living and helps prevent the unnecessary institutionalization of individuals with disabilities. Enforcement of the integration mandate promoted the expansion of community living options and Home and Community-Based Services (HCBS) while reducing unnecessary institutionalization.
DOJ’s opinion does not overturn Olmstead or eliminate the protections that exist in the ADA and Section 504. Nonetheless, NDSS is concerned that the memorandum may signal the federal government is moving away from enforcing key protections for community living. This would threaten decades of hard-won progress for the disability community.
NDSS is committed to protecting community living for the Down syndrome and broader disability community and is working with partner organizations and advocates to safeguard this civil right. We are closely monitoring the situation and will provide updates and additional information as they become available.
Learn more about why Olmstead and Community Integration matter.
