The Justice Department’s Special Litigation

The Civil Rights Division apparently believes that small, private or state-run mental-health institutions are the wrong way to treat the disabled. So it is using litigation to spearhead a national deinstitutionalization effort. This is part of a long-term project that many have by now characterized as a failed experiment in closing down mental-health facilities in favor of so-called “community care” at home or in other non-institutional settings.

This liberal policy has led to the huge increase of homeless people living on the streets or being incarcerated in jails and prison or placed in other facilities, like shelters, that are usually worse than the hospitals that had been closed. DOJ’s enthusiasm for waiver programs is a public-policy judgment, not a legal issue. The Special Litigation Section lawyers seem unable to distinguish between enforcing existing law and abusing the law to force changes in health-care options with which they happen to disagree.

via The Justice Department’s Special Litigation – Hans A. von Spakovsky & Travis LaCouter – National Review Online.


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