Justice Department joins states to challenge community integration rule in disability law

Seventeen states filed a lawsuit in 2024 alleging that Section 504 of the Rehabilitation Act, which prohibits disability discrimination by federally funded programs, is unconstitutional. On Monday, the Justice Department, representing the Department of Health and Human Services, declared it will join Texas, Florida and Alaska in that litigation, and Louisiana and Montana have re-entered the suit. The states are requesting that a federal court delete all mentions of "community integration" from the regulation.

If the court grants the request, it could dismantle decades of legal precedent that prioritizes community-based living over institutional care for disabled individuals. Legal scholars note that current case law still upholds community integration, but the DOJ’s participation reflects a shift after a June internal memo to cease enforcing the mandate. The outcome may significantly reshape how disability rights are enforced across federal programs.