Putting the At-Risk At Risk: United States v. Mississippi and Disability Discrimination

In 1999, the U.S. Supreme Court decided Olmstead v. L.C. ex rel. Zimring, providing the test for unjustified institutionalization required for claims under the Americans with Disabilities Act (ADA). On September 20, 2023, the U.S. Court of Appeals for the Fifth Circuit held in United States v. Mississippi that the Olmstead test does not establish claims for those merely at risk of institutionalization. This decision created a split between the Fifth Circuit and all other circuits that have ruled on the issue and included those at risk within Olmstead’s scope. This Comment argues that given other circuits’ interpretations of Olmstead and principles of injury, the Supreme Court should resolve the circuit split at the next opportunity in favor of including at-risk individuals within Olmstead.