by Vanessa R. Saavedra, NoHLA Senior Attorney
The average American is not, nor should they have to be, prepared to fight every day of their life for basic civil rights. All too many incidences of discrimination have gone by, undefended, because of lack of protection under the law.
- Judy Heumann, “the mother” of the Disability Rights Movement, at the Joint House Senate Hearing on Discrimination on the Basis of Disability, September 27, 1988
Photo front row, from left to right: unknown, Paul S. Miller, Judy Heumann, Phyllis Rubenfeld, unknown, and Justin Dart, at Disability Independence Parade, NYC, 1993. Source: NYC Mayor’s Office for People with Disabilities.
New Department of Justice Opinion
On June 18, 2026, the U.S. Department of Justice's (DOJ's) Office of Legal Counsel issued an alarming opinion concerning the civil rights of people with disabilities. The opinion threatens a vital legal protection: the right, as person with a disability, to live and receive services in your community, when possible, rather than being confined to an institution.
The recent DOJ opinion runs counter to decades of jurisprudence, disagreeing with the history of disability rights fought for and defended in United States courts.
What's the Impact?
This opinion undermines hard-won disability rights. However, it does not change the law:
- The 1999 Supreme Court case, known as Olmstead, is still good law.
- The Americans with Disabilities Act (ADA) continues to protect individuals with disabilities.
Learn More
For more detailed explanations of what Olmstead means, what the DOJ opinion represents, and why this is such an important issue, visit: