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A deliberately deceitful June 18, 2026 memorandum published by the Trump Administration’s Department of Justice Office of Legal Counsel signals a pending and coordinated attack on the independence and autonomy of disabled people, aimed at keeping us involuntarily incarcerated.
WASHINGTON, D.C., June 23, 2026 – Crip the Law is deeply enraged by the June 18, 2026 U.S. Department of Justice (DOJ) Office of Legal Counsel (OCL) memorandum, which outlines the Trump Administration’s plan to force disabled people out of our communities, away from public society, and out of existence entirely. This memorandum rubber stamps the incarceration of anyone deemed to have a mental disability. Not only is this a blatant attack on the disabled community, but “mental disability” is also a label that has been maliciously wielded throughout this country’s history to quash protest and dissent by leveraging existing stigma, systemic ableism, and ingrained eugenic thinking. This move is a clear and targeted attack on the disabled community, the American people, and our democracy.
In their memo, OCL attacks and intentionally misinterprets an important 1999 Supreme Court case called Olmstead v. L.C.—just days before the 27th anniversary of the ruling on June 22, 2026. Olmstead v. L.C. was a case brought by Lois Curtis and Elaine Wilson, who were voluntarily admitted to a Georgia state facility for psychiatric treatment. However, Lois and Elaine were kept in the state’s institution years after their treatment ended and after their treating professionals determined they were better suited for care in their homes. Elaine and Lois brought a lawsuit against Georgia alleging that, by keeping them locked up in an institution, Georgia had violated Title II of the Americans with Disabilities Act (ADA), which makes it illegal for state and local governments to discriminate based on disability. Their case made it all the way to the Supreme Court, which held that unjustified institutionalization is discrimination in violation of the ADA.
It follows that the Supreme Court’s holding creates a requirement to provide treatment in the community, as opposed to an institution, if keeping someone in an institution is not justified. This means that people with disabilities should be provided services in the most integrated setting appropriate to their needs. The decision is extremely clear—so clear that decades of case law have relied on and reinforced this rule. But OCL would rather gaslight the American public into accepting that the Supreme Court never held there was any such requirement—and that, even if it did, the holding is wrong and should be ignored and challenged. OCL uses a lot of convincing words and legal terms to distract from reality: unnecessarily keeping disabled people locked away in institutions is discrimination. If being allowed and included in public spaces, in our communities, is not core to the promise of the ADA, we don’t know what is.
OCL also deceptively misrepresents decades of case law. Long before the passage of the ADA, courts have held that the Constitution requires that we follow certain procedures to avoid inappropriate involuntary institutionalization and maintain safe conditions in institutions. Congress passed the ADA to re-enforce these Constitutional guarantees to due process and equal protection under the law. Olmstead v. L.C. simply confirms these rights and protections. And yet, OCL incorrectly asserts that if the ADA is meant to be as understood in Olmstead v. L.C., the ADA’s mandate would be “Congressional overreach.” Disabled people already face an uphill battle challenging unnecessary and forced institutionalization in the courts. By challenging the principle that disabled people should receive treatment and services in their homes and communities whenever appropriate, OLC’s approach would shift the burden onto disabled people to prove they should not be institutionalized.
Disabled legal professionals should be particularly alarmed by this memorandum. The legal profession is already under attack by the Trump Administration. Crip the Law is particularly concerned about retaliation against disabled legal professional who speak out in protest of the Trump Administration’s actions. People in the legal profession are more likely than the general population to have substance use disorders and mental health conditions. Almost 69 percent of lawyers report having anxiety, while about 33 percent report experiencing depression. More than 20 percent of attorneys surveyed in one study screened positive for hazardous, harmful, and potentially alcohol-dependent drinking.“ About 11 percent of attorneys fit the criteria for Post-Traumatic Stress Disorder, including from second-hand trauma. Advocating to expand access and inclusion means supporting all legal professionals—including those who have experienced involuntary institutionalization or may need treatment and supports in their homes and communities.
OCL’s memo is part of the Trump Administration’s systematic attempt to strip disabled people, people of color, the LGBTQIA2S+ community, immigrants, and people living at the intersections of multiple marginalized identities of our rights, humanity, and community. Institutionalization and incarceration are effective tools to suppress dissent, create fear, strip people of their autonomy, disable or further disable people, and eliminate those deemed “undesirable” by society.
Immigrants and people of color are being disappeared, packed into detention facilities with horrific conditions, and deported. The 2024 Supreme Court case City of Grants Pass v. Johnson green lit laws that throw disproportionately disabled people in prisons and jails simply for being unhoused. A 2025 executive order called for the use of involuntary commitment of unhoused people, who it claims are largely “addicted to drugs” or have mental health conditions, to “restore public order.” Medicaid was cut by around $1 trillion over the next decade, meaning more disabled people will likely be forced into institutions and denied home health care. Secretary for the U.S. Department of Health and Human Services Robert F. Kennedy has talked about “re-parenting” Black children and “treating” substance use disorders on “wellness farms.” Members of the LGBTQIA2S+ community are routinely coerced into violent and discredited “conversation therapy” while being the life-saving care they need. This is not an accident.
OCL’s interpretation of Olmstead v. L.C., the ADA, and our Constitution is a slippery slope—one we have seen play out to suppress dissent and weed out “undesirables” time and again. Throughout history, women have been routinely institutionalized and deemed as “feebleminded” or “hysterical” for conveying typical emotions, defying societal norms or gender roles, and “promiscuity” (a label that was placed on women even in cases of sexual assault). Indigenous peoples have been violently removed and forced onto reservations, stripped of autonomy and resources, murdered, and forced to abandon their cultures to practice Christianity and “assimilate” to European norms. That included being forced into “boarding schools.” During World War II, Japanese Americans were forced into internment camps. Those who refused to reject allegiance to the Japanese emperor or serve in the United States military when subjected to a “loyalty questionnaire”—even if in protest— were separated from their families and forced to remain incarcerated. This is not just about disability. This should be a concern for all Americans, regardless of their background.
Even if the memorandum does not contain an explicit invitation, the document clearly implies that enemies of disabled autonomy and independence should pursue litigation to overturn Olmstead v. L.C. Several states have already pursued litigation in Texas v. Kennedy, which challenges federal regulations established to keep disabled people in our homes and communities. The DOJ does not have the power to overrule or invalidate a Supreme Court decision, nor does this memo change the current law; disabled people still have the right to live in their communities and the least restrictive setting possible. However, it signals the current Administration’s intention to roll back the disability community’s hard-won rights and to stop enforcing critical protections that keep people with disabilities in our homes. Crip the Law will continue to fight against policies that threaten democracy, the disabled community, and the disabled legal professionals and law students we work to support every day. Even if this memo does not change the law right now, we are prepared for what is to come.
About Crip the Law
Crip the Law is a national association of disabled lawyers, judges, policy experts, legislators, academics, and other legal workers, professionals, and organizers. Crip the Law was founded in 2022 to organize and unify disabled legal professionals into a force for change, and to advocate for and empower disabled legal professionals. Crip the Law strives to promote professional growth and opportunity for disabled attorneys and legal professionals; improve access and inclusion in the profession; and ensure access to justice for all.
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Contact Information:
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Release Date: June 23, 2026