Staff Reports
The Justice Department quietly changed course this summer. Assistant Attorney General for Civil Rights Harmeet K. Dhillon signed a Federal Register notice that says the Civil Rights Division will no longer rely on its long-used “Olmstead” guidance when enforcing Title II of the Americans with Disabilities Act. That move follows a new Office of Legal Counsel opinion and flips decades of enforcement practice on its head.
What the DOJ actually did
The Civil Rights Division’s July Federal Register notice says the 2011 Olmstead guidance — last updated in 2020 — is not legally enforceable and that the Department “will not rely upon the Olmstead Guidance in its enforcement of Title II of the ADA.” The change is tied to a June Office of Legal Counsel memo that questioned whether the ADA and Section 504 require states to provide services in the most integrated setting. In short: the DOJ has pulled back on using guidance as a stand-in for law.
Why this matters for mental health policy and states
For years, the Civil Rights Division used Olmstead principles to press states to move people out of institutions and into community-based services. Advocates say that policy expanded independence and community care. Critics — and plenty of citizens who see rising homelessness and public-safety problems — say the enforcement pushed states to discharge people without the supports or secure settings they needed. Now states have more regulatory breathing room. That could mean responsible reform, or it could mean cutting services. The stakes are real for people with serious mental illness, for families, and for neighborhoods.
Reactions, risks, and the legal fight ahead
Disability-rights groups are alarmed and promise litigation and lobbying. They warn the move will chill enforcement and let states back away from home- and community-based services. On the other side, state officials and conservative reformers call this a needed correction to federal overreach. Expect court fights and a scramble in state capitals: some will use the change to rebuild services wisely; others may use it as cover to slash programs. Watch for lawsuits that cite the Office of Legal Counsel opinion and the DOJ notice as fodder.
Where conservatives should go from here
This is a chance for common-sense reform, not a victory lap for chaos. Conservatives should push states to do three things: (1) rebuild secure, modern inpatient capacity for people who are dangerous or need stabilization; (2) fund accountable community programs that actually treat illness and addiction rather than just hand out housing; and (3) fix involuntary-commitment laws so courts and clinicians can act when public safety and patient welfare require it. The federal government backing off gives states the choice to lead or to limp along. Let’s hope they choose leadership over excuses.
