Supreme Court decision in Olmstead: People with disabilities matter

This month marks the 25th anniversary of the U.S. Supreme Court’s Olmstead decision, a case that was a watershed moment in the lives of Americans with disabilities.

For some, the 6-3 decision marked the end of forced, “unjustified institutionalization” of people with disabilities. For some, it meant this and much more. It was about dignity. They talked about civil and human rights. It was about personal choice – a recognition that disabled people – like all people everywhere – should be able to choose “where” and “how” to live their lives.

Taken together, the Olmstead decision was a long-overdue affirmation from the nation’s highest court that people with disabilities matter. What they need matters. What they want matters. What they say matters.

The U.S. Supreme Court Building in Washington, U.S., May 20, 2024. REUTERS/Evelyn Hockstein

In the same spirit, it is the responsibility of all of us working in the disability community, especially those in government, to ensure that the voice of disabled people is at the heart of everything we do – every policy, every decision, every practice. To this end, long overdue steps need to be taken to make this happen – the commonsense, practical steps suggested in our previous annual reports:

Staff: We must ensure that diversity in the workplace – especially at the highest levels of government – includes people with experience of disability, individuals, and family members. Successful organizations put the right people in the right positions.

All government offices and committees – not just those dealing with disability issues – should have significant representation from the disability community on their staff, because every issue affects people with disabilities.
All government offices that develop policies specifically for people with disabilities should be largely staffed, if not headed, by people with lived experience of disability – a standard widely used in any office creation policy for a specific segment of the population.

Policy making: We must ensure that policy decisions are made based on the needs and preferences of people who experience disability, individuals, and their family members. Successful organizations seek significant input from the people they serve before making decisions.

All public officials who create policy specifically for people with disabilities should be required to have regular, direct and personal contact with people who have had lived experience of disability.
All public government meetings, including legislative hearings, should be held in a hybrid manner, providing people with disabilities and family members the opportunity to participate via video or in person.

Since establishing our office 6 years ago, we have strived to set an example. We have lived the experience of disability. We maintain regular, personal contact with individuals and families. We are also deeply committed to seeing and hearing the people we serve – a commitment that includes a shared sense of urgency.

Going forward, I don’t expect that to change. I expect that even during the transition to a new administration in 2026, the voice of individuals and families will continue to dominate the work of our office. The approach may change, but the commitment should certainly remain.

In her majority opinion in Olmstead, Justice Ruth Bader Ginsburg explained: “In summary, we find that Title II of the ADA requires states to provide community-based treatment to individuals with intellectual disabilities if the state’s treatment professionals have determined that such a placement is appropriate, when affected persons do not object to such treatment (emphasis added) …”

The most important element of this decision is the person’s preferences and voice.

As you can see, the Supreme Court was right. It is clear that the rest of us should follow suit and heed the clear appeal of the disabled community in this landmark decision: “Nothing about us without us.”

Paul Aronsohn is New Jersey’s ombudsman for people with intellectual and developmental disabilities and their families.