Legal push threatens community-based services for disabled adults
A lawsuit by Republican-led states and a new Justice Department memo are challenging the federal mandate that requires states to provide disability services in community settings rather than institutions.
Republican-led states have filed Texas v. Kennedy, contending that the federal government lacks authority to require community-based disability services, and the Justice Department issued a memo supporting that view. The memo downplays the Olmstead ruling, which historically barred unjustified institutionalization and spurred a move from roughly 99 % institutional Medicaid spending to over 80 % community care. Disability advocates, including scholars and lawyers, say the DOJ’s shift threatens the integration mandate that underpins services for more than 8 million adults.
At the same time, recent Medicaid cuts in the One Big Beautiful Bill Act have already strained state budgets, risking a rollback to institutional care. Families such as Cody and Kaleigh Brendle illustrate the personal impact, relying on programs like Next Steps to gain independence and employment skills. The combined legal and fiscal pressures leave the future of community-based support uncertain for disabled Americans.
Why it matters
The challenge could roll back decades of progress that let disabled adults live independently in their communities.
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