DOJ Notice Threatens Community Living for People with Disabilities

• By: USAging
• On: 08/19/2026 12:23:10
• In: Policy & Advocacy

In late July, the Department of Justice (DOJ) published a Federal Register notice indicating it will not rely on its longstanding Olmstead guidance when enforcing Title II of the Americans with Disabilities Act. Along with the DOJ's June 18 legal opinion, this is a direct threat to community living for people with disabilities. The DOJ's stance suggests that states are not required to provide in-home or community-based services and could instead place people with disabilities in nursing homes or other institutions.

While these actions do not overturn Olmstead or any federal law, they send a troubling signal that states do not need to prioritize or enforce home and community-based services for people with disabilities. This issue is already central to Texas v Kennedy, a case involving several states and the rights of people with disabilities to receive government services in their homes and communities rather than in institutions. People with disabilities still have the right to receive services in their communities. However, weakening protections for community living could make it much harder to challenge denials of home-based services, institutionalization, or other barriers to community life.