HHS flip-flops on disability lawsuit

In 2024, seventeen states sued the Department of Health and Human Services, alleging that a landmark disability law—Section 504 of the Rehabilitation Act of 1973, which prohibits disability-based discrimination by recipients of federal funds—was unconstitutional. Two years later, the Justice Department announced it will join Texas, Florida, and Alaska in that lawsuit on behalf of HHS, marking a reversal of the federal government's prior stance. Louisiana and Montana, which had left the suit, have also rejoined.

The plaintiffs have specifically asked a federal court to strike every mention of community integration from the rule. If they succeed, it would upend decades of legal precedent, though experts say existing case law still prioritizes disabled people living in their communities over nursing homes or institutions. Regardless, the Justice Department's move is an early sign that the agency will follow through on its June memo, which stated it would no longer enforce the community integration mandate.