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Trump Administration Memo Says Disability Integration Rule Is Not Legally Binding
The Department of Justice Office of Legal Counsel memo states that the integration mandate from the 1999 Olmstead decision does not require community placement for people with severe disabilities. It was written in response to White House questions and signals a shift in federal enforcement stance.
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The Trump administration released a memo last week arguing that the integration mandate under federal disability law is not actually a mandate, particularly for people with severe mental illness or disabilities. The document, prepared by the Department of Justice Office of Legal Counsel, acknowledges that its position departs from the common understanding of the 1999 Olmstead v. L.C.
Supreme Court decision in federal courts. The memo was written by Lanora Pettit, principal deputy assistant attorney general in the Office of Legal Counsel, after an inquiry from White House officials. Pettit joined the Justice Department in 2025 following work in Texas Attorney General Ken Paxton’s office.
Several months after her departure, Texas filed a lawsuit challenging the federal integration mandate. The memo does not alter existing statutes or court precedents, including Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, and the Olmstead ruling.
Memos from the Office of Legal Counsel lack the force of law, according to Samuel Bagenstos, a University of Michigan law professor and former HHS general counsel.
The release came one day after the disability community marked 27 years since the Olmstead decision and one year after the administration cut state Medicaid allocations that fund home and community-based services. Ohio and Maryland have proposed wage reductions for disabled caregivers, while Idaho considered ending all community care.
“This is potentially devastating for the rights of people with disabilities,” said Jennifer Mathis, deputy director of the Bazelon Center for Mental Health Law.
