Just days after the 36th anniversary of the Americans with Disabilities Act (ADA), disability rights advocates are warning that one of the nation’s foundational civil rights protections is under threat. The lawsuit Texas v. Kennedy challenges federal regulations implementing Section 504 of the Rehabilitation Act of 1973, raising concerns about the future of disability rights and independent living.
Passed nearly two decades before the ADA, Section 504 prohibits disability discrimination by programs and institutions that receive federal funding. In 2024, the Department of Health and Human Services (HHS) updated its regulations to clarify that people with disabilities have the right to receive services in the most integrated setting possible and that governments cannot force people into institutions by failing to provide community-based services.
Nine states, led by Texas Attorney General Ken Paxton, challenged those regulations in what is now Texas v. Kennedy. These states include Texas, Alaska, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, and South Dakota.
As of July 31, 2026, Missouri, Indiana, South Dakota, and Kansas have formally withdrawn from the complaint, with two rumored to follow. However, the case continues as the remaining plaintiffs seek to overturn the updated rules.
The legal challenge comes as the Trump administration has signaled a broader shift in disability policy. In June, the Department of Justice (DOJ) released a memo questioning the long-standing interpretation of the ADA’s integration mandate established by the Supreme Court in Olmstead v. L.C. (1999).
Although the DOJ’s opinion alone bears no legal authority, disability advocacy groups, such as the Disability Rights Education and Defense Fund (DREDF), have raised the alarm, pointing to Texas v. Kennedy and the DOJ memo as potential indications of a department shift away from enforcement of the integration mandate.
These threats against the disabled community are an inherent threat to women everywhere. Women are more likely to be disabled and face long-term health concerns compared to men, due in part to the healthcare industry’s continuous failure to help women, as symptoms are dismissed and medical research centering women is deprioritized. Meanwhile, institutionalization, where a person is committed to a long-term care facility, has a highly gendered past.
As legal challenges to these protections continue, preserving the principles established under Section 504, the ADA, and Olmstead will remain essential to protecting the civil rights and autonomy of millions of Americans.