09/02/2026
Unfortunately, DOJ has again taken action to undermine Olmstead. From Red Line for Civil Rights:
On September 1, 2026, DOJ—representing HHS as a defendant—joined Texas, Alaska, Montana, Louisiana, and Florida in asking the court to vacate the ‘most integrated setting’ provisions across HHS’s Section 504 regulations, citing the OLC memo as the basis for resolving the case rather than continuing to defend the rule. DOJ’s 504 coordination regulation and its ADA Title II integration regulation remain in effect. Rescinding any regulations absent a court’s legitimate order should require notice-and-comment rulemaking under the Administrative Procedure Act, which the OLC opinion does not accomplish.
DOJ’s Office of Legal Counsel (OLC) has issued a memo dated June 18, 2026, taking the position that Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act (ADA) impose no legal duty on states to provide integrated services to people with disabilities in their com...