Posted on June 18, 2026
Today, on June 18, 2026, the Office of Legal Counsel (OLC) at the Department of Justice (DOJ) released a memo regarding the integration mandate in Section 504 of the Rehabilitation Act and the Supreme Court decision in Olmstead v. LC. This integration mandate is currently at issue in the case of Texas v. Kennedy. In context, the integration mandate is the right of individuals with disabilities to receive care in the most integrated setting that is appropriate, rather than being forced into restrictive settings such as nursing homes, hospitals, and institutions.
The Office of Legal Counsel at DOJ provides legal advice to the President and executive agencies.
This memo argues three main points. First, the OLC argues that neither Section 504 of the Rehabilitation Act nor Title II of the Americans with Disabilities Act (ADA) imposed an integration mandate on states in their treatment of people who have mental health disabilities. Second, the OLC argues that if a law like Section 504 or the ADA did impose an integration mandate, then that law would raise serious constitutional concerns regarding Congress's power. Finally, the OLC argues that in Olmstead v. LC, the Supreme Court did not find that Section 504 or the ADA required states to treat people with mental health disabilities in the most integrated setting that is appropriate to their needs.
ACB is deeply troubled by the arguments that OLC makes in this memo. Although on the surface it seems to exclusively attack the integration mandate as it concerns individuals with mental health disabilities, this memo is functionally attacking the rights of all individuals with disabilities to live in their communities without fear of institutionalization. In addition, the interpretation of the laws, regulations, and court decisions in this OLC memo is simply incorrect. The memo even acknowledges that OLC's view of Olmstead is, "out of step with common understanding of that decision within federal courts," (Page 11). ACB is concerned about the implications of releasing this memo and will closely follow any updates that result.
A link to the memo can be found here: https://www.justice.gov/olc/media/1446701/dl