The DOJ Once Sued States to Release Institutionalized Mentally Ill Patients. That Policy Just Ended.

Townhall ^ | August 11, 2026 | Amy Curtis

[Presbyterian Reporter]

The DOJ Once Sued States to Release Institutionalized Mentally Ill Patients. That Policy Just Ended.

In the 1999 Supreme Court case Olmstead v. L.C., Justice Kennedy wrote in his concurrence, "It is careful, and quite correct, to say that it is not 'the ADA's mission to drive States to move institutionalized patients to an inappropriate setting, such as a homeless shelter.'"

Yet as the Cicero Institute points out, that's exactly what has happened over the last 20 years.

A recent Justice Department directive aims to correct 'unintended consequences' stemming from a misinterpretation of the landmark Olmstead decision –– clearing a path for states to more effectively help homeless individuals with mental illness or substance abuse problems.

In fact, it was Justice Department policy to sue states to discharge mentally ill patients from institutions under Olmstead.

On July 13, Assistant Attorney General for Civil Rights Harmeet Dhillon issued a directive putting an end to this practice.

— Shiloh Marx (@Shilohmarx) August 10, 2026 Here's what that directive says:

The Department of Justice (the Department) is issuing this document to clarify that the guidance issued by the Department on June 22, 2011, and last updated February 28, 2020, titled "Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Disabilities Act and Olmstead v. L.C" (Olmstead Guidance), and similar guidance documents are not enforceable. In addition, the Department plans to revisit the Olmstead Guidance in light of the Supreme Court's decision in Loper Bright Enters v. Raimondo, 603 U.S. 369, 400 (2024), to assess whether the Olmstead Guidance is consistent with the single best meaning of the relevant statutory text. The Department will not rely upon the Olmstead Guidance in its enforcement of Title II of the Americans With Disabilities Act."

---

TOPICS: News/Current Events
KEYWORDS: insane

[Presbyterian Reporter]

We have been suffering from the effects of releasing mentally ill people for far too long.

Enough is enough.

[ConservativeMind]

I thought “ZombieLand” in each city was meant to be a perk.

[not in the club]

We have been suffering from the effects of the ADA for far too long

[AppyPappy]

This was a liberal policy because “too many” people were being put in institutions. Instead, we put people on a cocktail of meds that they mixed with Weed and Alcohol and cut them loose. They go off the meds and go crazy. The best thing to do is stay away from these people. Stay out of Charlotte.

[ansel12]

JFK started the emptying of the mental hospitals in 1963 as he signed the bill to end the states doing it and having the federal government take it over with funding community housing of the mentally ill.

[Opinionated Blowhard]

One of the biggest mistakes of the 1960s was de-institutionalization. Were institutions run down and in need of a major overhaul? Yes. Was new thinking needed in terms of how patients were treated in institutions? Yes. But if even half the money that was put into trying to get people with severe mental issues and hardcore substance abuse problems to live independently was instead put into improving the institutions and keeping those patients there involuntarily, we’d all live in a much better world, including them.

[Mr. N. Wolfe]

“We have been suffering from the effects of releasing mentally ill people for far too long.”

Foreign governments have been dumping crazies and criminals into the United States and other western countries.

Governors and judges have been dumping crazies and criminals into the U.S. population.

Law abiding citizens pay the price.

[DIRTYSECRET]

My attitude is to ID the 10% of people that need to be wards of the state and separate them from the rest of the population. The first 1% are all in jail.

[Seruzawa]

We have been suffering the effects of people being made vastly more dangerous through mental health “treatment” long enough.

[DFG]

Ken Kesey’s 1962 novel “One Flew Over the Cuckoo’s Nest” helped spur the rush to Deinstitutionalization.

[logi_cal869]

Idiots, or geniuses for their cause?

[rhetorical]

[Zathras]

Rule #2

[fruser1]

Good, now we can get rid of red flag laws...

[DugwayDuke]

Predict multiple lawsuits demanding this interpretation of Olmstead be reversed. Too many organizations and personnel are dependent upon de-institutionalization for their existence and finances. California will lead the way. Of course the DSA will also protest.

[R_Kangel]

..... I bet the Democrat Party will fight this .... After all those mentally unstable homeless folk are part of their easily registered Democrat electorate of voters.

.

[Gay State Conservative]

I worked in a big city ER for a long time. Our hospital was literally across the street from a large state hospital (our hospital didn't have a psych ward). We routinely "pink papered" patients to the state hospital across the street. During the 70s and 80s Maoists worked to close down psych hospitals as being unnecessary and inhuman.

But today's homeless situation proves that they were lying. A huge percentage of today's chronically homeless are schizophrenics who don't have the first clue how to properly care for themselves.

[Vaduz]

Amen

[DugwayDuke]

Don’t forget Geraldo Rivera’s expose where he took cameras into the institutions.

[Gen.Blather]

I have seen homeless populations destroy businesses in cities. People go to malls because malls are private property and mall security can chase away the homeless. People in cities feel threatened when they can’t make it from their car to the shop they want to visit without a threatening confrontation. So, they default to malls and shopping centers with their own security.

[redangus]

The problem is there are no institutions left to house these people. Once they were all released states shutdown the mental hospitals. So, reversing the ruling may be great in theory, but meaningless in practice.