Posted on September 2, 2026
On August 31, 2026, all parties still remaining in the Texas v. Kennedy lawsuit filed a joint motion for entry of final judgement. The motion jointly filed by Texas, Florida, Alaska, and the US Department of Health and Human Services asks the court to vacate all references to community integration throughout the 2024 HHS Section 504 regulations, including the complete integration provision found in those regulations. No other parts of the 2024 HHS Section 504 regulations would be affected if the court grants this joint motion, and the case of Texas v. Kennedy would be closed.
ACB is deeply concerned by this action from both the states and the federal government. People with disabilities deserve to receive care in the most integrated setting appropriate to their needs. This motion in opposition to the dignity and autonomy of people with disabilities is deeply troubling.
To be clear, if the court grants this motion, the integration mandate, which is the right of people with disabilities to live in their communities, is still the law. This motion does not, and this ruling would not, change the ADA or the Rehabilitation Act. Disability discrimination is still prohibited. However, this motion does signal the federal government's intent to abandon its duty to enforce the law of the integration mandate.
ACB will provide updates as this situation progresses.
A statement from several prominent disability rights organizations can be found at the following link: https://dredf.org/statement-texas-v-kennedy-september-2026/
The joint motion can be found at the following link: https://dredf.org/wp-content/uploads/2026/09/124.-Corrected-Jt-Mot-for-Entry-Final-J-Access-Pass.pdf