Justice Department Clarifies Its Own Guidance Is Not Actually Guidance
Published Date: 7/20/2026
Notice
Summary
The Department of Justice is clearing things up: their 2011 guidance about helping people with disabilities live in the community (called the Olmstead Guidance) isn’t a rule they have to follow or enforce. They’re reviewing it now after a recent Supreme Court decision to make sure it matches the law’s true meaning. This means states and local governments should watch for updates, but no new costs or deadlines are announced yet.
Analyzed Economic Effects
3 provisions identified: 0 benefits, 0 costs, 3 mixed.
Olmstead Guidance Not Enforceable
The Department of Justice says the 2011 Olmstead Guidance (last updated February 28, 2020) is not legally enforceable and the Department will not rely on that guidance in enforcing Title II of the Americans with Disabilities Act (ADA). The Department issued this clarification after the Supreme Court decision in Loper Bright v. Raimondo, 603 U.S. 369 (2024).
Department to Revisit Olmstead Guidance
The Department plans to review the Olmstead Guidance in light of the Supreme Court's Loper Bright decision to determine whether the guidance matches the 'single, best meaning' of the ADA statutory text. This review is announced in the Department's July 2026 notice.
No New Costs or Deadlines Announced
The Department says states and local governments should monitor for updates but that it is not announcing any new costs or deadlines now. The notice clarifies current practice rather than imposing new requirements.
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