On Wednesday, July 22nd, 2026, Senate and House Democrats initiated a congressional inquiry into a recent Justice Department (DOJ) legal opinion that would make it easier for states to keep individuals with mental illness institutionalized instead of supporting community-based care.

In a letter addressed to Acting Deputy Attorney General Todd Blanche, 100 Democratic members of Congress requested the DOJ rescind the June opinion issued by the Office of Legal Counsel (OLC). They also demanded disclosure of all department officials, political appointees, and outside individuals, including those from the White House, who were involved in drafting, reviewing, or approving the opinion. The letter specifically named Principal Deputy Assistant Attorney General Lanora Pettit as the author.

The lawmakers emphasized that for over 50 years, federal civil rights laws have recognized that unnecessary segregation and institutionalization constitute discrimination. They warned that weakening the integration mandate would have profound consequences, noting that millions of Americans with disabilities depend on home and community-based services to live with their families, maintain employment, pursue education, and participate in civic life.

The inquiry follows reports from Bloomberg Law that the OLC opinion was largely influenced by White House adviser Stephen Miller, who reportedly expressed frustration with Civil Rights Division settlements that required states to release people with mental illnesses from institutions.

Assistant Attorney General Harmeet Dhillon highlighted ongoing efforts with South Carolina to ensure that people with serious mental illnesses can receive community-based services when they choose, referencing a settlement announced late last year.

Because Democrats do not control either chamber of Congress, their request for information to the DOJ is not enforceable by subpoena.

Sources