On September 23, 2026, a federal judge issued a ruling in Texas v. Kennedy, a case that challenged the Department of Health and Human Services (HHS) Section 504 Rule from 2024. The order strikes multiple references to community integration in the HHS regulations implementing Section 504 of the Rehabilitation Act, including the entirety of the regulations’ integration provision.
In issuing the order—which brings the case to a close—the court granted a motion proposed last month by the Department of Justice (DOJ) on behalf of HHS and the states of Texas, Florida, Alaska, Louisiana, and Montana. The motion relied on the June 18, 2026, memorandum from the DOJ Office of Legal Counsel that reinterpreted the Olmstead decision and the integration mandate.
The ruling in Texas v. Kennedy does not change Section 504 or the Americans with Disabilities Act (ADA), nor does it overturn Olmstead. Notably, the court did not find that Section 504 or the right to community integration were unconstitutional. Individuals with Down syndrome and other disabilities still have the legal right to go to school, work, age, and participate meaningfully in their communities. Nonetheless, this action indicates a clear move away from enforcement of key community living protections for people with disabilities.
NDSS is committed to protecting the rights of individuals with Down syndrome to receive services and live alongside their peers in integrated settings. We are working to learn more about how this ruling will impact the Down syndrome community and will share updates as they are available.
Learn more about recent updates regarding Olmstead.