Democrats probe DOJ opinion that eases institutionalization of mentally ill
Summary
Democratic members of the U.S. Senate and House have started an investigation into a recent Justice Department legal opinion that could make it easier for states to keep people with mental illness in institutions rather than providing care in their communities. The Democrats are asking the Justice Department to cancel the opinion and to disclose who helped write it.Key Facts
- The Justice Department’s Office of Legal Counsel (OLC) released a legal opinion in June easing rules on institutionalizing people with mental illness.
- This opinion challenges a 1999 Supreme Court ruling (Olmstead v. L.C.) that supports community-based care for people with disabilities instead of institutionalization.
- More than 100 Democratic lawmakers signed a letter urging the Justice Department to rescind the opinion and explain who was involved in creating it.
- The Olmstead ruling was based on the rights of two women with disabilities who were placed in institutions because their states didn’t provide needed home support.
- The OLC opinion is not legally binding but could influence how federal agencies handle disability discrimination cases.
- Reports suggest White House adviser Stephen Miller influenced the opinion, though officials deny this.
- Until recently, the Justice Department worked with states to enforce the Olmstead ruling and promote community care.
- Democrats also want to know if any outside groups, including those advocating for criminalizing homelessness, contributed to the legal opinion.
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