The Justice Department released a memo in June that quietly threatens decades of protections for Americans with disabilities

Photo by Age Cymru on Unsplash

Robert Kramer, Guest Blogger knows all too well the struggles families have in caring for their disabled, and elderly family members. Trump regime doesn't care about you or your family based off the latest "what did they do" moment. This post begins in 1999.

The U.S. Supreme Court in Olmstead v. L.C., held that people with disabilities have a right to live and receive services in their communities. It established a right for disabled people, and held that unnecessary segregation in institutional settings was a violation of Title 2 of the American Disabilities Act. It is not coincidental that the Trump regime attacked DEI and A which stands for Diversity, Equity, Inclusion and Accessibility. The accessibility (or the A in DEIA) was left off. Many people didn't know that these words occur together because of the American Disabilities Act and are not per se connected to the 1960s Civil Rights Movement as a whole. DEIA is about government accommodation and government ensuring the same in the private sector.

Olmstead case was about two women with mental disabilities who sued Georgia, arguing that the state had failed its obligation to provide services that would allow them to return to their communities and had instead

continued to institutionalize them in violation of their civil rights as disabled persons.

The court agreed the practice violated the American Disabilities Act and that states have a legal responsibility to provide support to integrate disabled Americans into their communities, and for nearly three decades, courts across the country have embraced that decision.

By 2023 8.4 million Americans were receiving home- and community-

based services through Medicaid. Suddenly now, the June memo states,

"It is now the position of the United States government that people with disabilities don't have a right to be part of their communities," says Alison Barkoff, a health law and policy professor at George Washington University who led disability law and policy efforts during both the Obama and Biden administrations. "I can't overstate how

significant this change in position is"

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But before you do let me tell you a story.

My name is Robert. I was the second son born to my parents Sophie and

Dave in Brooklyn, NY in 1944. My older brother George was born in 1938.

And by the time he was four years old my parents knew his cognitive

development was not where it should be. They sought medical advice and

were told to place George in an institution.

My parents, Sophie and Dave visited a place called Willowbrook on Staten Island. They left in tears and determined, against every doctor’s advice to raise George at home. By the time I was eight or nine I knew

George was different. I asked my mother and she told me the truth. Now George had three advocates in our family's house (my parents and me).

Several years later my parents joined forces with other parents also raising

developmentally disabled children at home. Together they rented a space to

provide socialization and some additional education to their children.

From that beginning, the organization is still active and going strong. It has five residences, employment programs, and serves almost 500 individuals and their families in the community.

So, what is the difference between an institutional setting and home?

During the mid-20th century, the average life span for a developmentally

disabled child in an institution was drastically lower than the general

population. In 1931, the average life expectancy for someone with a

developmental disability was just 22 years, compared to 62 years for the

general population.

In May, my brother George celebrated his 88th birthday.

For me and everyone else whose family includes someone with a disability,

this is personal. America has been offering people with disabilities the chance to live longer and more fulfilling lives for almost 30 years now.

We must not go back.

George and Robert enjoying a day out during April, 2026/