Catholic leaders call on Congress to protect disability rights

Six Catholic leaders sent a letter to the U.S. Congress on Oct. 14 urging lawmakers to defend disability rights. The group warned that a recent legal interpretation by the Department of Justice (DOJ) could threaten community-based care and increase the risk of unnecessary institutionalization for people with disabilities.

The concern follows a June 18 legal opinion from the DOJ’s Office of Legal Counsel (OLC) that reversed a long-standing interpretation of the 1999 Supreme Court decision Olmstead v. L.C. While the Supreme Court previously ruled that unjustified institutional isolation of people with disabilities is unlawful discrimination under the Americans with Disabilities Act (ADA), the OLC stated that the ADA and the Rehabilitation Act do not impose a general legal obligation on states to provide services in the most integrated setting appropriate to a person's needs.

The OLC opinion argued that the Supreme Court did not establish a broad integration mandate and that the ADA does not require community placement simply because a professional deems it appropriate, an individual requests it, or community services are reasonably available. The OLC further noted that the Supreme Court has not conclusively resolved which justifications states may use to provide institutional care.