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Maine Advocates Criticize Federal Memo on Institutionalizing People with Disabilities

The memo could weaken federal enforcement and leave states freer to cut home care, advocates and legal experts said.

  • On June 18, the U.S. Department of Justice released a memo questioning the binding nature of the disability 'integration mandate,' reinterpreting the 1999 Supreme Court decision Olmstead v. L.C. to suggest it does not require community-based care for all individuals.
  • For nearly 30 years, the Olmstead decision has informed public policy, affirming that people with disabilities must be served in the most integrated setting possible; the DOJ's new opinion breaks with this decades-long federal position.
  • National Alliance on Mental Illness official Hannah Wesolowski warned the memo 'threatens the progress we have made,' while Jennifer Mathis of the Bazelon Center for Mental Health Law called the shift 'potentially devastating' for disability rights.
  • States may now scale back community-based services, as the Trump administration's memo signals a retreat from enforcing Olmstead claims amid ongoing Medicaid funding cuts.
  • Although lacking the force of law, the memo guides executive branch policy and was authored by Lanora Pettit, principal deputy assistant attorney general in the Office of Legal Counsel, who previously worked in the Texas Attorney General's office.
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NAMI Statement on DOJ Olmstead Opinion and Threat to Community-Based Care

ARLINGTON, Va., June 22, 2026 /PRNewswire/ -- Late last week, the U.S. Department of Justice (DOJ) issued an opinion that is contrary to the decades-long position held by the federal government that has sought to help people with disabilities, including…

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mainepublic.org broke the news on Monday, June 22, 2026.
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