Important: National Council Issues Statement on DOJ Memo on Disability Rights

The communication below is from our partners at the National Council for Mental Wellbeing

On June 18, the U.S. Department of Justice (DOJ) released a memo arguing that federal courts have misinterpreted decades of legal precedent protecting the rights of individuals with disabilities to be integrated in their communities.

These rights are derived in part from a 1999 U.S. Supreme Court case, Olmstead v. L.C., which found that states are legally obligated to support the community integration of people with disabilities. For nearly 30 years, federal and state courts across the country have maintained and built on these legal protections.

The DOJ’s memo states that while discrimination against individuals with disabilities is still prohibited, states are not required to integrate such individuals into their communities to receive care.

It’s important to note that a federal agency memo is not legal precedent. Similar to an executive order, a memo does not carry the authority to overturn court decisions. However, it indicates the administration’s position on the issue.

The memo also does not overrule related federal statutes and regulations, including the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. It does, however, signal that the DOJ may no longer choose to defend these positions when challenged in court.

In time, the DOJ’s interpretation could weaken important protections that help millions of people with disabilities and mental health conditions make decisions about their own care. Losing these protections would have serious consequences for individuals, families and communities.

The National Council for Mental Wellbeing has long advocated for and defended the rights of people with disabilities, and we remain committed to doing so. Yesterday, National Council President and CEO Chuck Ingoglia released a statement echoing this commitment.

We will continue to monitor developments around this issue to ensure the protections outlined in Olmstead and codified in federal statutes and regulations remain in place.

Please reach out to [email protected] with any questions about the DOJ memo or any other related issues. Thank you for the work that you do.