09/25/2026
Yesterday a federal judge in Texas approved the federal government's surrender.
In Texas v. Kennedy, the Department of Justice and HHS stopped defending the right of disabled people to live in their communities. They joined Texas, Florida, Alaska, Louisiana, Montana, and the other states suing them and proposed a deal to end the case. On September 23, the court approved it, and every reference to community integration comes out of the Section 504 regulations. The agencies whose job is to enforce that right agreed to erase it from their own rules.
Here is what the court did not erase: the integration mandate is the law. It comes from Section 504 and the ADA, and the Supreme Court affirmed it in Olmstead v. L.C. in 1999. A deal between federal agencies and a group of states cannot rewrite a statute or overrule the Supreme Court.
Any state that keeps disabled people in institutions when they could be served in the community is breaking the law.
Disability Law United will hold those states to it. If Washington won't enforce Olmstead, we will, in court.