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Making a Difference Magazine

September 2026

What the DOJ Memo Means for People with Disabilities

Written by Maria Pinkelton on . Public Policy For The People.

What is the DOJ memo?

On June 18, 2026, the U.S. Department of Justice (DOJ) released a letter about enforcing disability rights. The letter is called a memorandum, and it was written by the DOJ's Office of Legal Counsel. 

The memo is about a 1999 Supreme Court case called Olmstead v. L.C. & E.W. L.C. (Lois Curtis) and E.W. (Elaine Wilson) won the case, which said that people with disabilities should be able to get care in their own homes and communities, as long as it's “appropriate” for their needs. Disability advocates call this the integration mandate.  

In the memo, the DOJ said three things: 

  • The Olmstead case did not actually require community-based care. The DOJ says people have read it the wrong way for 25 years. 
  • Congress never wrote the integration mandate into law when it passed the Americans with Disabilities Act (ADA) or the Rehabilitation Act. 
  • The federal rules that enforce the mandate go too far and should be removed. 

What does it mean? 

The memo does not change the law. Your rights have not changed. 

A memo like this cannot overrule a Supreme Court case. It cannot repeal or weaken the ADA or Section 504. It cannot cancel court orders or tell judges what to decide.   

What remains true right now? 

  • States still offer community-based services. 
  • Waiver services stay the same. 
  • You still have the right to live in a setting that fits your needs and preferences. 
  • Federal rules, like the Home and Community-Based Settings (HCBS) rule, are still in place. They cannot be removed without a long public process that includes a chance for people to comment. 
  • You can still go to court to protect your rights. 

So why does the memo matter? It could mean the DOJ will stop enforcing the integration mandate. It could also lead the Department of Health and Human Services (HHS) to think about removing its own rules. Enforcement can change from one administration to the next. 

The memo also signals that more choices will be left up to states about how they provide services to people with disabilities. It is possible that some states will begin to offer more people with disabilities services in institutions, instead of in the community. Up until the 1980s, it was common for people with disabilities to live in hospitals or institutions.  

What can you do?

Your voice matters and now is a good time to use it. 

No one knows your story better than you do. That’s why it’s so important for you to speak up. 

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