States aren't required to provide community-based care for people with disabilities, new DOJ opinion claims
The Justice Department released a new legal opinion Thursday that civil rights experts said represents a significant attack against people with mental, physical and intellectual disabilities who receive state-funded services.
TL;DR
- The Justice Department's Office of Legal Counsel (OLC) issued a new opinion questioning the requirement for states to provide community-based care for individuals with disabilities.
- Civil rights experts state this opinion contradicts the Supreme Court's 1999 Olmstead v. LC decision, which affirmed the right of people with disabilities to receive services in their communities.
- The OLC opinion suggests the Olmstead decision's mandate was narrower than previously enforced, stating only that unjustified institutional isolation is a form of discrimination.
- This new opinion could impact how the Justice Department and Department of Health and Human Services enforce discrimination allegations related to state-funded services.
- The DOJ's action is viewed by some as part of a broader trend under the Trump administration to scale back civil rights protections.