White House Memo Sparks Concern Over Push to Expand Institutionalization The Department of Justice quietly released a memo on Thursday that revisits the 1999 Supreme Court decision in Olmstead v. L.C., a landmark case that limited states’ ability to institutionalize individuals with mental illnesses. The memo, which aligns with federal civil rights and disability rights statutes, argues that the Olmstead ruling has contributed to rising homelessness—a claim critics say signals a potential effort to reverse the decision and expand institutionalization in restrictive psychiatric facilities. University of Michigan law professor Sam Bagenstos, who served as general counsel for the Department of Health and Human Services and the Office of Management and Budget during the Biden administration, dismissed the administration’s claims as “absurd.” He emphasized that the Olmstead decision remains one of the most effective tools for combating homelessness, as it encourages states to prioritize community-based mental health and housing services over institutionalization. The memo’s release has raised alarms among disability rights advocates and legal experts, who argue it reflects a broader shift in policy. According to Bagenstos, the White House’s directive to the Justice Department to produce the document suggests the possibility of an executive order aimed at rolling back rules designed to prevent institutionalization. While the memo does not alter existing laws, its implications could influence how federal agencies enforce disability rights protections. George Washington University law professor Alison Barkoff, a DOJ special counsel on Olmstead enforcement during the Obama administration, criticized the administration’s approach as part of a “punitive strategy” toward homelessness and mental illness.#department_of_justice #white_house #olmstead_v_l_c #sam_bagenstos #alison_barkoff
