Texas v. Kennedy (formerly Texas v. Becerra): What it is and How You Can Help Stop the Attack on Section 504

Five states – Alaska, Florida, Louisiana, Montana and Texas – continue their attack on Section 504 and the right to live in the community.

Indiana dropped out on May 1, 2026, South Dakota dropped out on May 12, 2026, Kansas dropped out on June 10, 2026, and Missouri dropped out on July 20, 2026, demonstrating the power and perseverance of the disability community. Louisiana and Montana were not appearing on the pleadings, but as of September 1, 2026, Louisiana and Montana re-appeared on the pleadings.

The case had a briefing schedule that started on May 4, 2026, and was set to end on September 22, 2026. Those briefs will never be filed.

On June 18, 2026, the Department of Justice’s Office of Legal Counsel (OLC) issued a “slip opinion” stating that federal law, including Section 504 and Title II of the ADA, does not include an integration mandate for disabled people. The memo does not and cannot change the law – the Olmstead case and the integration mandate are still the law of the land. Read DREDF’s statement on the memo.

The OLC memo sets the policy of most federal agencies, including the Department of Justice (DOJ) and the Department of Health and Human Services (HHS). HHS had been defending the Section 504 rule against the remaining states. After the memo, HHS and the five remaining states were on the same side in the litigation.

On August 31, 2026, the DOJ, on behalf of HHS, filed a joint motion with the five remaining states asking the judge to enter final judgment and strike every reference to community integration from the Section 504 rules. The position taken by the government is a reversal of the way it has interpreted Section 504 for the past 50 years, and its own authority. On September 1, 2026, disability advocates, including DREDF, issued a statement condemning the actions of DOJ and HHS.

On September 23, 2026, the judge granted the motion and entered final judgment. The court struck the community integration provisions from the Section 504 rules and closed the case.

Keep reading to learn about this harmful case that threatens our rights.

This page explains how Texas v. Kennedy (previously Texas v. Becerra) threatens Section 504, why Section 504 is important, and what you can do to help. You can learn: What the lawsuit Texas v. Kennedy is and Why it Matters, What Section 504 is and why it matters, What the States Want, What You Can Do to Help, and How to Contact Your State Attorney General.

Texas v. Kennedy (previously Texas v. Becerra) is a court case in Texas that was filed in Texas in September 2024. A group of 17 states sued the United States government. The 17 states were Texas, Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Utah, and West Virginia.

The complaint asked the court to get rid of Section 504 and its updated rules from 2024 that protect people with disabilities from discrimination in health care and human services. The case changed over time, in part due to the 2024 election and subsequent steps by the Trump Administration, and in part due to the advocacy of the disability community.

On January 25, 2026, nine states – Alaska, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, South Dakota, and Texas – filed a new complaint, Texas v. Kennedy (2026). The states renewed their attack on Section 504 and the right to live in the community. Four states have since dropped out following intense disability community advocacy.

This attack on Olmstead is happening just as DREDF and its partners are documenting the “Olmstead effect” – how implementation of the “integration mandate” has led to a significant reduction in the number of disabled people who are institutionalized or at risk of institutionalization, and has motivated system change that allows the services many disabled people need to live successfully in the community.

This attack on Olmstead is happening just as DREDF and its partners are documenting the “Olmstead effect” – how implementation of the “integration mandate” has led to a significant reduction in the number of disabled people who are institutionalized or at risk of institutionalization, and has motivated system change that allows the services many disabled people need to live successfully in the community.

What is Section 504? What are Section 504 rules?

Section 504 is an important law that protects people with disabilities. Section 504 covers all parts of society that get money from the United States government.

Section 504 says you can’t discriminate against disabled people if you get money from the United States government. Section 504 says you cannot treat people badly or exclude them because of their disabilities. It says you must include people with disabilities in programs and provide reasonable accommodations. It says you must provide services to people with disabilities in integrated settings. This means providing services in the community instead of only in institutions like hospitals and nursing homes.

Section 504 has rules that explain what disability discrimination is. The rules say that places like schools, hospitals, and doctors’ offices have to include people with disabilities. The rules say what these places have to do to include people with disabilities. The rules say that state and local healthcare, mental health, and disability agencies have to think about people with disabilities and make sure they can get services in the community and not just in institutions.

The United States government finished the first Section 504 rules in 1977. Many disabled people protested so that the government would make the rules strong.

The United States government updates the Section 504 rules over time. The government did an update in 2024. Many disability advocates wrote to the government about what to put in the rules. The updated rules are stronger and have more examples about what disability discrimination is. The updated rules gave more explanation about how state and local agencies must make sure that people with disabilities can get services in the community and not be forced into institutions.

What are the latest updates on the lawsuit?

On September 23, 2026, the judge granted the joint motion and signed the Order and Final Judgment. The court “vacated,” or erased, the parts of the 2024 Section 504 rules about community integration. These parts include the definition of “most integrated setting,” the whole section of the rules on integration (45 C.F.R. § 84.76), and other sentences telling programs to give priority to serving disabled people in the most integrated setting appropriate. Because these parts of the rules were vacated, they no longer apply anywhere in the country, not just in the states that sued. The court dismissed the states’ other claims “without prejudice.” This means that the states could bring those claims again in a new case. The case is now closed. The law itself has not changed. Only Congress can change the law. Section 504, the ADA, and Olmstead remain the law and are still in effect. The order does not affect the other parts of the 2024 HHS Section 504 Rule.

On August 31, 2026, the DOJ, on behalf of HHS and the three remaining states, filed a proposed resolution asking the judge to enter an order of final judgment. There will be no more briefing. The two sides to the case have settled. The proposed resolution asks the court to get rid of every reference to community integration from the Section 504 rules. If the judge signs the order, the Section 504 rules will lose their integration provision. The law itself will not change, only Congress can change the law. Section 504, the ADA and Olmstead still stand, and the proposed settlement does not impact other portions of the 2024 HHS Section 504 Rule.

On July 20, 2026, the US DOJ rescinded its Olmstead guidance, citing the OLC memo. This is relevant to the litigation because the updated Section 504 rule on integration tracks the principles of the DOJ Olmstead guidance.

The state of Missouri filed a notice of voluntary dismissal, dropping out of the case. There are now three states challenging the integration mandate.

The court granted the request of HHS for an extension. The federal government will now file its opposition on August 31, 2026, and the states will file their reply on September 22, 2026. Note: These briefs may never be filed, given the OLC memo.

Three states – Alaska, Florida, and Texas – filed a motion for permission to submit the OLC memo as additional evidence for the court. The other three states – Louisiana, Missouri, and Montana – do not appear on this document. The court granted the motion on July 8, 2026.

Department of Justice’s Office of Legal Counsel (OLC) issues a “slip opinion” stating that federal law, including Section 504 and Title II of the ADA, does not include an integration mandate for disabled people. Although not part of the case, it directly impacts the key issue in this case.

The court granted the request of HHS for an extension. The federal government will now file its opposition on July 15, 2026, and the states will file their reply on August 6, 2026.

The state of Kansas filed a notice of voluntary dismissal, dropping out of the case. There are now six states challenging the integration mandate.

The state of South Dakota filed a notice of voluntary dismissal, dropping out of the case. There are now seven states challenging the integration mandate.

The state of Indiana filed a notice of voluntary dismissal, dropping out of the case. There are now eight states challenging the integration mandate.

Prior case updates from February 2025 to March 2026 are further below on this page.

Tell Your Governor and State Attorney General to Support Olmstead

You can ask your Governor and state Attorney General to publicly support Olmstead and Section 504. Disability advocates, including DREDF, created a statement entitled “Our Commitment to Community Integration for People with Disabilities,” for Governors and AGs to sign on to. You can read more background about why we need Governors and AGs to publicly support Olmstead.

How to Contact Your State Attorney General

Use this list with the contact information for all 50 state Attorneys General.

The states and the federal government filed a joint notice asking the court to lift the “stay” or pause on the litigation. They told the judge that they think the case can be decided through summary judgment. Summary judgment means that each side files papers about the case and then the judge decides. The states and the federal government asked the judge to set a schedule for filing papers with the court. The judge agreed. The nine states will file their papers on May 4, 2026. The federal government will file their papers on June 15, 2026. Then, the states will file more papers on July 7, 2026.

Nine states – Alaska, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, South Dakota, and Texas – filed an amended complaint. The amended complaint says that HHS’s rule about the integration mandate – the right of disabled people to get services in the community instead of institutions – is unlawful and unconstitutional. It asks the court to block that rule and all of the updated Section 504 regulations. The other eight states dropped out of the case. You can read more in our statement.

The parties filed another Joint Status Report. The report noted that HHS published a proposed rule to amend the Section 504 regulations to say that gender dysphoria is not a disability. DREDF and many other disability organizations opposed this rulemaking.

The states said that they are considering their claims in light of this rulemaking. The parties asked the court to continue the “stay” or pause in the case. The parties said they would file a new report 14 days after the publication of a final rule.

The parties filed another Joint Status Report. The parties asked the court to continue the “stay” or pause in the case. HHS said again that they “plan to release additional details regarding rulemaking plans related to Section 504 in the near future.” The parties said that the lawyers for HHS cannot work right now because of the government shutdown. The parties said they would file a new report on January 9, 2026.

The 17 states and HHS filed a Joint Status Report asking the court to continue the pause in the case. HHS said in the report that they “plan to release additional details regarding rulemaking plans related to Section 504 in the near future.”

The parties filed another Joint Status Report with the court. You can read more about the April update. This report made a big change to the states’ claims about Section 504. It said:

Plaintiffs further clarify that they have no intention to seek any relief from this Court on Count 3 (Section 504 is Unconstitutional) of their Complaint [or] their Demand for Relief at d–e [declare Section 504 unconstitutional and block HHS from enforcing Section 504]. And nothing in Plaintiffs’ Complaint seeks to … prevent the Federal Government from allocating spending or applying the provisions of the Rehabilitation Act to any recipients of such funds.

This means the states have abandoned their constitutional challenge to Section 504. This means that the district court in Texas will not rule on whether or not Section 504 is constitutional. The question of whether Section 504 is constitutional will not go to the Fifth Circuit Court of Appeals or the U.S. Supreme Court.

HHS published a “clarification” in the Federal Register. The clarification states that the language about gender dysphoria in the preamble to the updated Section 504 regulations “does not have the force or effect of law” and “cannot be enforced.” For background, HHS had previously reviewed a court case that found that gender dysphoria can be a disability under federal law. At the time, HHS wrote that gender dysphoria could be a disability. But now HHS leadership is saying that people with gender dysphoria are not protected by Section 504.

We are upset that the Administration is trying to take rights away from transgender people. The disability community includes transgender and gender-nonconforming people. Section 504 protects people with any disability. The HHS document does not change existing case law that protects transgender people with disabilities. We will continue to advocate for the rights of transgender people, with and without disabilities.

The parties filed a Joint Status Report. The report made clear that all 17 states continued to argue that Section 504 is unconstitutional. You can read this explainer from disability advocacy organizations about the February status report.

• New Section 504 rules | Administration on Community Living
• New Section 504 and 1557 Regulations | American Association for People with Disabilities
• Documentary: Crip Camp: A Disability Revolution
• Video: The Power of 504

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