Denver — Colorado U.S. Senator Michael Bennet joined U.S. Senators Tammy Duckworth (D-Ill.), Democratic Leader Chuck Schumer (D-N.Y.), and Democratic Whip Dick Durbin (D-Ill.) and 11 of their senate colleagues in introducing a resolution that would protect disability rights and uphold the true promise of the Supreme Court’s landmark Olmstead decision—a ruling that has protected Americans with disabilities’ right to live full, independent lives in their own homes and communities. This effort comes after President Trump’s Department of Justice (DOJ) issued a memo that undermines Olmstead’s key protections and would put our nation on a dangerous path that allows Americans with disabilities to be forced into institutions against their will. The resolution reaffirms the Olmstead decision, calls on the Trump Administration to rescind this misleading DOJ legal opinion, and reverse the biggest Medicaid cut in history, among other actions that have put care for the disability community at risk.
“The Olmstead decision affirmed that Americans with disabilities could live independent, full lives,” said Bennet. “This should not be controversial. We should focus on making real progress for disabled Americans, not clawing back rights that we have already fought for.”
“The Trump Administration’s memo is an outrageous attack on the rights and independence of the disability community,” said Duckworth. “We cannot allow Trump’s DOJ to drag us back to a time when Americans with disabilities were institutionalized and ripped away from their families. Our resolution sends a clear message: we will not tolerate violations of the fundamental rights of the disability community.”
“Olmstead was a promise that Americans with disabilities would never be forced out of their homes, stripped of their independence, or warehoused away from their communities,” said Schumer. “Trump’s weaponization of the DOJ to threaten basic rights of disabled Americans is a morally bankrupt attempt to break that promise and drag America back to a shameful era of segregation and institutionalization. Not only does it violate decades of legal precedent, but it also flies in the face of who we are as a nation. The dignity, freedom, and civil rights of all Americans are not up for debate, and this dangerous and cruel opinion must be rescinded immediately.”
“Everyone deserves to live with dignity—a belief that was upheld by the Supreme Court in the 1999 Olmstead decision. People with disabilities should be able to access the care they need while living in and participating in the community,” said Durbin. “It’s appalling that DOJ, under pressure from Stephen Miller, is now attempting to strip people of their right to receive community-based care.”
“This is yet another attempt by Trump and Republicans to roll back long-standing protections for people with disabilities, and my colleagues and I won’t stand for it,” said Wyden. “I’ve spent my career fighting to protect Americans’ freedoms and health care rights, and I’ll continue pushing back against Trump’s attacks on the freedom of people with disabilities to live and thrive in their communities.”
“The Justice Department’s memo arguing that people with disabilities don’t have a right to home- and community-based services is wrong,” said Gillibrand. “It is not just misguided, but a direct attack on the basic freedom enjoyed by those like the more than 1.2 million disabled adults living autonomously in New York. I will continue to work tirelessly to make sure Olmstead is upheld and Americans with disabilities retain their right to independence.”
“People with disabilities are our family members, classmates, colleagues, and neighbors,” said Markey. “They enrich our lives and are key members of our communities. But this administration’s cuts to Medicaid, false accusations of health program fraud, and undermining of legal protections threaten their rights and autonomy. People with disabilities deserve to live with dignity and respect in the setting that’s right for them.”
“We cannot allow the Trump administration to roll back our civil rights and attack Americans’ liberties,” said Van Hollen. “The weaponization of the DOJ and the Trump administration’s attempts to strip Americans with disabilities of their right to live with dignity and independence in their communities is shameful. Together, we will continue to fight for the civil rights and liberties of people with disabilities and ensure they can live freely, without the threat of discrimination or institutionalization.”
“Over the past year and a half I’ve heard from countless members of the disability community who feel targeted by this administration,” said Kim. “They’ve seen their healthcare taken away through massive cuts to Medicaid, and now this opinion threatens to strip away their civil and human rights. We cannot let this happen.”
“Every American deserves the freedom and dignity to live independently and be part of their community. For decades, the Olmstead decision has helped protect those rights for people with disabilities,” said Luján. “Now the Trump administration wants to move us backward and undo the progress that has been made. I am proud to join my colleagues in reaffirming our commitment to inclusion and ensuring people with disabilities have the support they need to live where they choose.”
“Senator Duckworth’s resolution affirms what the disability community has always known: Olmstead isn’t a footnote in case law, it’s a promise,” said Maria Town, President and CEO of American Association of People with Disabilities (AAPD). “Our disabled ancestors fought too hard and sacrificed too much to enshrine our rights to live, work, and belong in our own communities. We are not going back. Congress must match this resolution with real action. Full funding for home and community-based services isn’t a budget line item, it’s the difference between independence and institutionalization for millions of disabled people. AAPD firmly supports this resolution and urges every member of Congress to fund the services that make Olmstead’s promise real.”
The Trump Administration’s discriminatory memo comes on the 27th anniversary of the landmark Olmstead ruling which has for nearly three decades protected Americans with disabilities from unjustified institutionalization. Trump’s DOJ itself acknowledged that last week’s DOJ legal opinion was ‘out of step’ with legal consensus.
In addition to Bennet, Duckworth, Schumer, and Durbin, U.S. Senators Bernie Sanders (I-Vt.), Ron Wyden (D-Ore.), Kirsten Gillibrand (D-N.Y.), Patty Murray (D-Wash.), Richard Blumenthal (D-Conn.), Chris Van Hollen (D-Md.), Edward Markey (D-Mass.), Ben Ray Luján (D-N.M.), Andy Kim (D-N.J.), Maggie Hassan (D-N.H.), and Lisa Blunt Rochester (D-Del.) cosponsored this resolution.
Bennet has continually fought to secure protections and autonomy for individuals with disabilities. Last month, Bennet reintroduced the Latonya Reeves Freedom Act, legislation to strengthen the right of Americans with disabilities to receive long-term services and support in the setting of their choice.
The text of the bill is available HERE.
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