The DOJ memo itself does not change the law, but it may influence how the Departments of Justice and Health and Human Services approach agreements and programs that help disabled people live in their communities, outside institutions. Following the release of the memo, HHS took down its webpage on Olmstead and community living.

The slip opinion, which Bloomberg Law reported was allegedly driven by the demands of ultra-right Trump advisor Stephen Miller, was met with immediate backlash from disability advocates and legal experts.

As George Washington University law professor Alison Barkoff told me when I covered the opinion last week, the Trump administration’s “interpretation is completely inconsistent with virtually all courts” with respect not only to the interpretation of Olmstead but also that of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, which the Olmstead decision builds on. That also greatly concerns Duckworth.