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Friday 17 April 2026 11:35:18 GMT
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The D0J believes that Olmstead v. L.C. should be interpreted more narrowly than many courts and previous administrations have interpreted it.        There are three major arms that protect disabled Americans: * Olmstead v. L.C. * Americans with Disabilities Act (ADA) * Section 504 of the Rehabilitation Act Why disability advocates are so concerned: For nearly three decades, Olmstead has generally been understood to mean that people with disabilities have the right to receive services in the most integrated setting appropriate—in other words, in their homes and communities whenever appropriate, rather than being unnecessarily placed in institutions. The new DOJ legal opinion argues that courts have interpreted Olmstead too broadly. It contends that the decision does not actually require states to provide community-based services in many situations and that it primarily prohibits unjustified institutionalization rather than creating a broad affirmative obligation to fund community care. That interpretation has prompted strong criticism from disability rights organizations because they worry it could: * Weaken federal enforcement of the integration mandate. * Make it harder to challenge unnecessary institutionalization. * Encourage states to rely more heavily on nursing homes and other institutional settings rather than home- and community-based services. The DOJ memo does not change the law by itself. It: * does not repeal the ADA, * does not repeal Section 504, * does not overturn Olmstead, because only the courts—ultimately the Supreme Court—can overturn Supreme Court precedent. (Yikes😬) It seems like for this piece of legislation the are setting it up to make it state’s rights vs Federal. This administration can’t decide what it wants it’s topical on the state’s rights vs Federal oversight.   In any case, this scares me.
The D0J believes that Olmstead v. L.C. should be interpreted more narrowly than many courts and previous administrations have interpreted it. There are three major arms that protect disabled Americans: * Olmstead v. L.C. * Americans with Disabilities Act (ADA) * Section 504 of the Rehabilitation Act Why disability advocates are so concerned: For nearly three decades, Olmstead has generally been understood to mean that people with disabilities have the right to receive services in the most integrated setting appropriate—in other words, in their homes and communities whenever appropriate, rather than being unnecessarily placed in institutions. The new DOJ legal opinion argues that courts have interpreted Olmstead too broadly. It contends that the decision does not actually require states to provide community-based services in many situations and that it primarily prohibits unjustified institutionalization rather than creating a broad affirmative obligation to fund community care. That interpretation has prompted strong criticism from disability rights organizations because they worry it could: * Weaken federal enforcement of the integration mandate. * Make it harder to challenge unnecessary institutionalization. * Encourage states to rely more heavily on nursing homes and other institutional settings rather than home- and community-based services. The DOJ memo does not change the law by itself. It: * does not repeal the ADA, * does not repeal Section 504, * does not overturn Olmstead, because only the courts—ultimately the Supreme Court—can overturn Supreme Court precedent. (Yikes😬) It seems like for this piece of legislation the are setting it up to make it state’s rights vs Federal. This administration can’t decide what it wants it’s topical on the state’s rights vs Federal oversight. In any case, this scares me.

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