People with disabilities fear service cuts as Trump's DOJ questions legal protections

People with disabilities are apprehensive about potential service cuts as the Trump administration's Department of Justice (DOJ) questions the legal protections afforded by disability rights laws. Amanda DeSimone-Shabrack, who relies on a home health care aide to care for her high-needs autistic 12-year-old son Mason, fears that Virginia's Medicaid program could no longer cover this assistance, potentially forcing her to lose her job as an education technology specialist and professor, as well as her ability to run errands and keep her son at home.

The DOJ recently issued a controversial legal opinion in June, stating that federal disability rights laws do not require states to provide services that enable people with disabilities to remain in their homes instead of institutions. This stance marks a sharp reversal from a 1999 Supreme Court ruling, which held that unjustified institutionalization constituted discrimination under the Americans with Disabilities Act (ADA).

The Trump administration now contends that the previous interpretation was incorrect, raising concerns that legal protections for about 40 million adults and 5 million children with disabilities could be undermined.

Advocacy groups are worried that the new interpretation may lead to a return to forced institutionalization and jeopardize the civil rights of millions of disabled individuals. They argue that the opinion could set the stage for a legal battle between advocates, states, and the federal government. Some states already cite the DOJ opinion in ongoing lawsuits challenging disability rights requirements, hoping it will help them prevail in court.

The U.S. Department of Health and Human Services (HHS) remains committed to enforcing federal civil rights laws, emphasizing its dedication to treating individuals with disabilities with dignity, providing equal opportunities, and ensuring meaningful access to community services. However, disability rights experts warn that HHS and the DOJ may begin rescinding guidance and regulations that mandate integration for people with disabilities, potentially halting the enforcement of home and community integration through voluntary agreements.

These developments have already begun eroding hard-won protections for people with disabilities, as reflected in recent White House and Republican-led initiatives. Incensed by the DOJ memo, Democrats have introduced a resolution calling on the DOJ to revoke the opinion. Senator Tammy Duckworth, a Democrat from Illinois, and other Senate Democrats argue that the administration's memo is an "outrageous attack on the rights and independence of the disability community."