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A federal judge in Texas v. Kennedy, a lawsuit originally brought by 17 states challenging federal Section 504 rules, has issued a final ruling that removes guidance on community integration. That guidance told states plainly that community living should come first in delivery of services, and spelled out what the “most integrated setting” actually looks like.
On Tuesday, a bipartisan group of House members introduced a resolution affirming that Congress has always intended for disabled people to receive services in their communities rather than in institutions, signaling continued support for community integration across party lines.
With a final ruling in Texas v. Kennedy and new action in Congress, here’s everything you need to know.
What is Texas v. Kennedy, and what did the judge decide?
Texas v. Kennedy is a federal case that challenged rules added to Section 504 in 2024. Section 504 is the civil rights law barring disability discrimination in federally funded programs. On September 23, the judge removed the 2024 guidance on community integration, which directed states to prioritize offering disabled people services in their communities before institutional care and clarified what the “most integrated setting” looks like.
This ruling does not take away longstanding protections against forcing disabled people into institutions, and disabled people still have the right to community-integrated living. “Importantly, the United States Supreme Court’s past rulings are not simply overturned by this order being granted in Texas v. Kennedy,” said Ashley Jacobson, a disabled disability rights attorney. “The Rehabilitation Act, the Americans with Disabilities Act, and other state and federal disability rights remain.”
Why does this ruling matter for disabled people?
The 2024 guidance was added so that, if issues arose with a provider, disabled people would not have to advocate on their own for their right to community living. “This is a case that speaks not only to the rights we should have, but also to our value as members of our communities,” Jacobson said.
The House resolution introduced this week addresses the same issue, and its sponsors include members of both parties. If passed, it would not become law or undo the judge’s ruling, but it would put the House on record affirming that Congress has always intended for disabled people to receive services in their communities.
What can I do?
Advocates say the most important step right now is urging your governor and state attorney general to publicly pledge to uphold community integration and the Olmstead decision. Eighteen governors have already committed: Arizona, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Washington, and Wisconsin. If you live in another state that’s not the one listed, contact your governor and attorney general.
