Durbin, Duckworth, Wyden, Sanders, Scanlon, Dingell, Simon Lead 100 Members Of Congress In Calling On DOJ To Rescind Opinion Undermining Olmstead

Durbin, Duckworth, Wyden, Sanders, Scanlon, Dingell, Simon Lead 100 Members Of Congress In Calling On DOJ To Rescind Opinion Undermining Olmstead

Lawmakers to Acting AG Blanche: "We cannot return to a time when people with disabilities were denied basic civil rights, ripped away from their families, and institutionalized against their will… we urge the Department to honor both the letter and spirit of the ADA by rescinding this opinion."

WASHINGTON - U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee; U.S. Senator Tammy Duckworth (D-IL); U.S. Senator Ron Wyden (D-OR), Ranking Member of the Senate Finance Committee; U.S. Senator Bernie Sanders (I-VT), Ranking Member of the Senate Committee on Health, Education, Labor, and Pensions; and U.S. Representatives Mary Gay Scanlon (D-PA-07), Debbie Dingell (D-MI-06), and Lateefah Simon (D-CA-12) today led 100 Members of Congress in a letter to Acting Attorney General Todd Blanche calling on the Department of Justice (DOJ) to rescind its June 18 Office of Legal Counsel (OLC) opinion that undermines decades of protections for disability rights that have ensured people with disabilities are not arbitrarily placed in segregated, institutionalized settings and instead can access services in integrated settings within their communities. DOJ's opinion, titled "Application of the Rehabilitation Act and Americans with Disabilities Act to State Institutionalization of Patients with Severe Mental Illness or Disabilities," would undermine both the scope and enforcement of the integration mandate under Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.

"The opinion represents a dramatic departure from decades of federal law, regulations, and judicial precedent protecting the civil rights of people with all types of disabilities and must be withdrawn," the lawmakers wrote.

In enacting the ADA, Congress explicitly found that "historically, society has tended to isolate and segregate individuals with disabilities" and determined that such segregation constitutes a serious and pervasive form of discrimination. The ADA was designed not merely to prohibit intentional exclusion, but to ensure that people with disabilities have meaningful opportunities to live, work, learn, and participate fully in community life as full members of their communities.

In 1999, the Supreme Court affirmed these principles in Olmstead v. L.C., holding that unjustified institutional isolation of individuals with disabilities is discrimination under the ADA. The Court recognized that institutionalization perpetuates harmful stereotypes about the capabilities of people with disabilities and severely diminishes opportunities for family relationships, employment, economic independence, educational advancement, and participation in community life.

"For more than 25 years, federal courts across the country, Republican and Democratic administrations alike, the Department of Justice, and Congress have interpreted and implemented the Olmstead decision to require states and public entities to provide services in integrated settings when appropriate," the lawmakers wrote. "This long-accepted interpretation has enabled hundreds of thousands of Americans with disabilities to avoid harmful and unnecessary institutionalization and remain connected to their families, schools, workplaces, neighborhoods, and chosen communities."

The lawmakers' letter continues, "The Department's recent opinion rejects this settled understanding and threatens to undermine one of the most important civil rights protections for people with disabilities. Notably, the opinion itself acknowledges that its interpretation is 'out of step with common understanding of that decision within Federal courts.' Such an admission should give serious pause before the Department reverses decades of enforcement efforts or undertakes further regulatory actions. In order to protect the civil rights of disabled people, DOJ must meaningfully enforce the integration mandate."

The consequences of weakening the integration mandate would be profound. Millions of Americans with disabilities rely on home and community-based services supporting them to be among their families, maintain employment, pursue education, and participate in civic life. The Department's new interpretation risks creating, supporting, and encouraging policies that steer individuals into segregated settings such as nursing homes, psychiatric facilities, segregated work programs, and segregated classrooms. Such a result would be inconsistent with federal law, contrary to congressional intent, and harmful to people with disabilities and their families.

"We cannot return to a time when people with disabilities were denied basic civil rights, ripped away from their families, and institutionalized against their will. The disability community has spent decades advancing the promise that disability should never be grounds for exclusion from community life. The integration mandate is a cornerstone of that promise, and weakening it would reverse decades of bipartisan progress," the lawmakers wrote.

The lawmakers' letter concludes, "The integration mandate has transformed the lives of countless Americans with disabilities by expanding access to community living, employment, education, and self-determination. We urge the Department to honor both the letter and spirit of the ADA by rescinding this opinion and reaffirming its commitment to the civil rights of people with disabilities."

In the letter, the Senators request responses to a number of questions no later than August 5, 2026.

Along with Durbin, Duckworth, Wyden, and Sanders, the letter is signed by Senators Angela Alsobrooks (D-MD), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Maggie Hassan (D-NH), Mazie Hirono (D-HI), Andy Kim (D-NJ), Angus King (I-ME), Ben Ray Luján (D-NM), Ed Markey (D-MA), Jeff Merkley (D-OR), Patty Murray (D-WA), Jack Reed (D-RI), Chuck Schumer (D-NY), Jeanne Shaheen (D-NH), Chris Van Hollen (D-MD), Raphael Warnock (D-GA), Elizabeth Warren (D-MA), and Sheldon Whitehouse (D-RI).

Along with Scanlon, Dingell, and Simon, the letter is signed by Representatives Gabe Amo (D-RI-01), Yassamin Ansari (D-AZ-03), Nanette Barragán (D-CA-44), Joyce Beatty (D-OH-03), Suzanne Bonamici (D-OR-01), Julia Brownley (D-CA-26), Nikki Budzinski (D-IL-13), Janelle Bynum (D-OR-05), André Carson (D-IN-07), Troy Carter (D-LA-02), Ed Case (D-HI-01), Judy Chu (D-CA-28), Gil Cisneros (D-CA-31), Yvette Clarke (D-NY-09), Steve Cohen (D-TN-09), Jasmine Crockett (D-TX-30), Sharice Davids (D-KS-03), Danny K. Davis (D-IL-07), Diana DeGette (D-CO-01), Rosa DeLauro (D-CT-03), Chris Deluzio (D-PA-17), Mark DeSaulnier (D-CA-10), Maxine Dexter (D-OR-03), Lloyd Doggett (D-TX-37), Bill Foster (D-IL-11), Lois Frankel (D-FL-22), John Garamendi (D-CA-08), Robert Garcia (D-CA-42), Jesús "Chuy" García (D-IL-04), Adelita Grijalva (D-AZ-07), Steven Horsford (D-NV-04), Steny Hoyer (D-MD-05), Val Hoyle (D-OR-04), Glenn Ivey (D-MD-04), Jonathan Jackson (D-IL-01), Hank Johnson (D-GA-04), Julie Johnson (D-TX-32), Robin Kelly (D-IL-02), Tim Kennedy (D-NY-26), Raja Krishnamoorthi (D-IL-08), Rick Larsen (D-WA-02), Summer Lee (D-PA-12), Ted Lieu (D-CA-36), Zoe Lofgren (D-CA-18), Seth Magaziner (D-RI-02), John Mannion (D-NY-22), Doris Matsui (D-CA-07), Lucy McBath (D-GA-06), Sarah McBride (D-DE), April McClain Delaney (D-MD-06), Jennifer McClellan (D-VA-04), Jim McGovern (D-MA-02), Christian Menefee (D-TX-18), Kweisi Mfume (D-MD-07), Kelly Morrison (D-MN-03), Seth Moulton (D-MA-06), Eleanor Holmes Norton (D-DC), Chris Pappas (D-NH-01), Chellie Pingree (D-ME-01), Nellie Pou (D-NJ-09), Delia Ramirez (D-IL-03), Emily Randall (D-WA-06), Andrea Salinas (D-OR-06), Jan Schakowsky (D-IL-09), Marilyn Strickland (D-WA-10), Suhas Subramanyam (D-VA-10), Mark Takano (D-CA-39), Shri Thanedar (D-MI-13), Dina Titus (D-NV-01), Rashida Tlaib (D-MI-12), Paul Tonko (D-NY-20), Ritchie Torres (D-NY-15), Lori Trahan (D-MA-03), Bonnie Watson Coleman (D-NJ-12), Frederica Wilson (D-FL-24).

The full text of today's letter is available here.

-30-