DOJ shifts stance on disability integration

The Department of Justice has altered its enforcement stance on a key disability rights mandate, a move advocates say jeopardizes community-based services for millions. This shift aligns with a lawsuit from Republican-led states arguing the federal government cannot require states to provide disability services in integrated community settings instead of institutions.

Kaleigh Brendle, a 23-year-old law student who is blind, credits the integration mandate for her life trajectory. "The integration mandate is why I'm here at all and why I get to go to law school," she told NPR. The mandate, reinforced by the Supreme Court's 1999 Olmstead decision, requires states to provide services allowing people with disabilities to live and work in their communities.

Legal challenge to community care

A lawsuit, Texas v. Kennedy, is challenging the federal government's authority to enforce this community integration requirement. In June, the DOJ issued a legal memo siding with the plaintiffs' position, stating "Congress has not imposed an integration mandate on states." The memo further argued the Olmstead decision "held only that a state cannot institutionalize such patients without justification." In July, the department clarified it would no longer enforce Olmstead as it had in the past.

Alison Barkoff, a professor at George Washington University and former Obama-era DOJ official, called the change significant. "It is now the position of the United States government that people with disabilities don't have a right to be part of their communities," she said. The DOJ memo itself acknowledged its view is "out of step with the common understanding of that decision within the federal courts."

The impact of integrated services

The shift worries those who depend on community-based programs funded by Medicaid. More than 8 million adults rely on this support. The change follows decades of progress; Alison Barkoff noted that 45 years ago, about 99% of Medicaid-funded disability services were provided in institutional settings, compared to more than 80% in the community today.

Cody Brendle, Kaleigh's 27-year-old brother who is blind and has autism, uses a community program called Next Steps. After struggling post-high school, the program provides structure, social activities, and job training. "It's a night-and-day change," said Kaleigh. Cody practices life skills like grocery shopping and manages job training at a Jersey Mike's Subs, where his favorite task is "bopping lettuce" to prepare it for sandwiches.

Advocates face a dual threat. Beyond the legal challenge, Congress cut roughly $1 trillion from Medicaid last year. Jennifer Mathis, a lawyer at the Bazelon Center for Mental Health Law, called potential cuts to community programs shortsighted, noting they cost far less than institutional care. Cody Brendle now hopes his job training leads to work at Papa John's or an appliance store, drawn to the vibration of laundry machines.