06/20/2026
The news cycle over the last few weeks has been a lot for people with Down syndrome. That's where DSAMn comes in. Our job is to raise up what is relevant. To inform. To translate. Not to alarm, if possible, but to do our best to tell you what's happening, in plain language so you can better understand and advocate. We Can't Stop. We Won't Stop.
So, unfortunately, we are back today with another update. There is no action to take at this time but it's important news that families should understand and keep an eye on.
Thursday, June 18, the U.S. Department of Justice issued a new legal opinion on Olmsted v. LC, which is a landmark disability rights case.
What is Olmsted v. LC? (often referred to as Olmsted or Olmsted Act)
Olmstead v. L.C. is a case that went to the U.S. Supreme Court in the 90s. The case was brought by two women with intellectual disabilities and mental health diagnoses who were living in a Georgia state psychiatric hospital. The case is called "Olmstead" because Tommy Olmstead was the commissioner of the Georgia Department of Human Resources. He was the named defendant in the lawsuit.
Although healthcare professionals determined the two women could receive appropriate services in a community setting, they remained institutionalized because community-based supports were not available. The women argued that unnecessary institutionalization violated the Americans with Disabilities Act (ADA). The Supreme Court agreed, ruling that unjustified segregation of people with disabilities is a form of discrimination under the ADA.
The Court held that public entities must provide services in the most integrated setting appropriate to an individual's needs when:
- Community-based services are appropriate;
- The individual does not oppose community placement; and
- Community placement can be reasonably accommodated, taking into account available resources and the needs of others receiving services.
Why is Olmstead important for people with disabilities?
While the case arose from a psychiatric hospital, it involved individuals with both intellectual disabilities and mental health diagnoses and was arguing that their treatment/ongoing institutionalization was a violation of the ADA. The Court's ruling was not limited to mental health services, in fact, the ruling established a broader legal principle that people with disabilities should have opportunities to live, receive services, and participate in community life rather than being unnecessarily segregated in institutional settings.
Over the past 25 years, Olmstead has shaped disability policy across many systems, including developmental disability services, mental health services, housing, employment, education, transportation, and long-term supports.
What does yesterday's new DOJ opinion mean for individuals with Down syndrome?
The new opinion specifically addresses individuals with mental disabilities who receive treatment in psychiatric hospitals and other institutional settings. One could argue that it is making a distinction between mental health supports and disability supports. While the new opinion focuses on mental health, the original Olmstead case involved women with intellectual disabilities AND mental health diagnoses. It was a ruling based on the women and their needs and rights. There was no ruling based on mental health or based on disability separately. The Olmstead Ruling has been the legal foundation behind the idea that ALL people should have opportunities to live, learn, work, and receive services in their communities rather than being unnecessarily segregated or institutionalized. This new opinion states that Olmstead should be interpreted more narrowly than it has been over the past two decades and that is a concern.
What does a new Department of Justice opinion mean or do?
Thursday's opinion does not overturn Olmstead. It does not change the ADA. It does not immediately change services or rights. However, opinions issued by the Department of Justice matter. They help shape how the federal government interprets laws, approaches enforcement, and participates in future litigation. At this point, there are more questions than answers. We do not know whether this opinion will influence future court decisions, federal enforcement priorities, or disability policy. What we do know is that the principles established in Olmstead have helped advance community living and inclusion for millions of people with disabilities over the past two decades and any effort to reinterpret those principles deserves careful attention.
DSAMn will continue to monitor developments, learn from legal experts and national disability organizations, and keep our community informed as we better understand what this may mean moving forward.
Want to learn more?
• New DOJ Opinion: https://www.justice.gov/olc/media/1446701/dl
• Olmstead overview from ADA.gov: https://archive.ada.gov/olmstead/index.html
• Olmstead, Minnesota specific: https://mn.gov/olmstead/
• The Arc's summary
https://thearc.org/blog/doj-opinion-on-olmstead-threatens-the-right-of-people-with-disabilities-to-live-in-the-community/
