Plaintiffs in Texas v. Kennedy Challenge Section 504 Integration Mandate

Nine states of the original seventeen on Texas v. Kennedy, a lawsuit challenging the Biden Administration Department of Health and Human Services’ (HHS’s) update to the rules implementing Section 504  of the Rehabilitation Act have amended their complaint, shifting the focus of the suit to target integration mandate language in the rule that largely codifies the Olmstead decision. While the lawsuit originally focused on gender dysphoria requirements in the regulation, the Trump HHS is currently making changes to that section of the rule, prompting the other eight states to drop out of the case.

The remaining states are now arguing that the “integration mandate” under section 504 of the Rehabilitation Act is unconstitutional.  The requirements in the 504 regulations are fundamentally identical to those expressed in the Olmstead decision; while striking down this language would not directly affect the status of Olmstead or the underlying requirements in the Americans with Disabilities Act (ADA), such a court decision would raise questions about possible future rulings that would roll back or repeal state Olmstead obligations.

The case currently sits in District Court in Texas.

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