In The Politics of Autism, I discuss court cases involving the civil rights of people with autism and other disabilities.
Last week, the Department of Justice quietly released a memo pertaining to the landmark 1999 disability civil rights case Olmstead v. L.C. That precedent, the memo claimed without evidence, increases homelessness.
Ben Penn and Celine Castronuovo at Bloomberg Law:
White House adviser Stephen Miller was the driving force behind the Justice Department’s recent memo authorizing states to institutionalize people with disabilities rather than fund community-based care, said people briefed on the situation.
Miller, the president’s powerful deputy chief of staff, was frustrated that the department’s Civil Rights Division was still reaching settlements compelling states to transfer those experiencing mental illness out of institutions, added the individuals, who spoke anonymously out of fear of retaliation.
They said Miller felt DOJ’s agreements—including one reached with South Carolina in December—would increase homelessness and didn’t adhere to President Donald Trump’s July executive order pressuring cities and states to move homeless people into treatment centers.
The June 18 DOJ Office of Legal Counsel opinion concluded states may disregard decades of Supreme Court precedent and ensuing regulations mandating integration of individuals with disabilities into home or community settings.
Spokespeople for both the White House and DOJ denied Miller played a role in the memo.
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There is no evidence cited in the opinion demonstrating the rise in homelessness was caused by the Supreme Court’s 1999 decision in Olmstead v. L.C. holding that the Americans with Disabilities Act prohibits unjustified segregation of individuals with disabilities. In a recent case study, Brandeis University researchers highlighted how states have used their Olmstead settlements to reduce housing costs for low-income people with disabilities.
