Texas v. Kennedy Update: Community Living and Disability Rights

Louisiana is involved in a federal lawsuit about the rights of people with disabilities to live and receive services in their communities.

The lawsuit could affect federal rules that help protect people with disabilities from being unnecessarily separated from their communities or placed in more restrictive settings.

The lawsuit, Texas v. Kennedy, involves disability protections under Section 504 of the Rehabilitation Act.

What happened?

On September 1, 2026, Louisiana and the other parties filed a corrected joint motion asking a federal judge to approve an agreement that would end much of the case.

As part of the agreement, they are asking the judge to remove several federal rules related to providing services to people with disabilities in the most integrated setting.

The judge has not approved the agreement yet.

What does “most integrated setting” mean?

In simple terms, it means people with disabilities should have opportunities to live, receive services and take part in their communities alongside people without disabilities when appropriate.

This can include receiving services in a person’s home or community instead of an institution or another separate setting.

Why does this matter?

The rules involved in the lawsuit help explain how federal disability law protects people’s ability to live and receive services in their communities.

National disability organizations have raised concerns that removing these rules could weaken protections that help people with disabilities receive services in community settings.

Louisiana is one of five states still involved in the lawsuit, along with Texas, Alaska, Florida and Montana.

What has not changed?

It is important to understand what the proposed agreement does not do.

It would not:

• Overturn the U.S. Supreme Court’s decision in Olmstead v. L.C.;
• Repeal Section 504 of the Rehabilitation Act;
• Repeal the Americans with Disabilities Act; or
• Remove all federal protections related to community living.

The Supreme Court’s Olmstead decision still stands.

However, if the judge approves the agreement, specific federal Section 504 rules about community integration would be removed.

What are disability organizations doing?

A national group of disability organizations has formed the Defend Community Integration Coalition.

Organizations involved include the National Association of Councils on Developmental Disabilities (NACDD), Disability Rights Education and Defense Fund (DREDF), National Disability Rights Network (NDRN), Bazelon Center for Mental Health Law and others.

These organizations have raised concerns about the proposed agreement and are encouraging state leaders to publicly support the right of people with disabilities to live and receive services in their communities.

What happens next?

The federal judge must decide whether to approve the agreement.

Until the judge takes action, the federal rules involved in the case have not been removed.

The Council will continue to follow the lawsuit and share updates as more information becomes available.

What can you do?

People who want to share their views about Louisiana’s involvement in Texas v. Kennedy may contact Attorney General Liz Murrill.

Sharing personal experiences can help decision-makers understand what community-based services and supports mean in real life.

You may want to share:

• How community-based services affect you, your family or someone you know;
• Why living and taking part in the community is important to you;
• Questions or concerns you have about Louisiana’s involvement in Texas v. Kennedy; and
• Your views about the agreement the states and federal government want the judge to approve.

You decide what you want to say and what position you want to share.

Attorney General Liz Murrill

• Email [email protected].
• Call (225) 326-6079 or (877) 297-0995.

You can also use election season as an opportunity to learn where candidates for the U.S. House and U.S. Senate stand on disability issues.

At candidate forums, town halls and other public events, consider asking all candidates questions about home- and community-based services and community living.

For example:

“What is your position on home- and community-based services and the ability of people with disabilities to live in their communities?”

You can also contact candidates directly and ask them questions about these issues.

Visit the Louisiana Secretary of State’s Candidate Inquiry page and select the upcoming election to see candidates for U.S. Senate and U.S. House. The page also includes contact information for candidates.

Asking the same questions of all candidates can help voters better understand their views and priorities.

The Council does not support or oppose candidates for public office.