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Why Are Democrats Investigating The DOJ's Mental Health Opinion

More than 100 Democratic lawmakers sent a letter to Acting Deputy Attorney General Todd Blanche requesting that the department withdraw the June opinion issued by the Office of Legal Counsel

,   and  TIPP Staff
2 min read
Photo by Claire Anderson / Unsplash

Congressional Democrats have launched an inquiry into a Justice Department legal opinion that they argue could make it easier for states to keep people with mental illnesses in institutions instead of providing community-based care, according to CBS News.

More than 100 Democratic lawmakers sent a letter to Acting Deputy Attorney General Todd Blanche requesting that the department withdraw the June opinion issued by the Office of Legal Counsel. They also sought details about who participated in drafting and approving the memo.

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According to the report, the lawmakers argued that the opinion weakens long-standing disability rights protections established under the Supreme Court's 1999 Olmstead v. L.C. decision, which supports community-based treatment for people with disabilities.

CBS News reported that the Justice Department's opinion concluded states are not legally required to prioritize community integration for mentally disabled patients.

The report also noted that while the opinion is not legally binding, it could influence how federal agencies enforce disability discrimination laws. Democrats, now in the minority, can request information but cannot compel a response through subpoenas.

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