Federal Judge Strikes Down Community Living Protections Nationwide

On September 23, 2026, a federal judge removed several rules meant to help disabled people receive services in their homes and communities. The decision in Texas v. Kennedy applies nationwide.

This is a serious setback, but it does not end the right to live in the community.

What happened?

Section 504 is a federal law that prohibits disability discrimination in programs receiving federal funding. The judge removed parts of a rule explaining how that law protects people from unnecessary institutionalization.

The removed provisions told programs to provide services in the most integrated setting appropriate for a person’s needs. They also addressed situations where a lack of community services puts someone at serious risk of entering an institution.

This matters to people who rely on care at home. If those services are cut or made difficult to use, staying at home may become impossible. The removed rules gave people clearer language to challenge that situation.

Can a state now force someone into an institution?

No. The judge did not overturn the Americans with Disabilities Act (ADA) or the Supreme Court’s Olmstead decision.

The ADA still protects people from unnecessary segregation. Those protections apply to people already in institutions and people at serious risk of being placed in one. Disabled people and their families can still challenge government actions that put community living at risk.

The judge did not decide that community living protections are unconstitutional. The ruling removed specific rules after the states and the Trump administration jointly asked the court to do so. The case is now closed.

What should individuals and families do to protect themselves?

Be alert if your county board cuts home-based services or says an institution is the only option. Your county board, the Ohio Department of Medicaid, and DODD cannot accurately claim that this ruling overturned Olmstead or gave them permission to place someone in an institution.

We also highly recommend requesting your targeted case management notes from your county board. Your county board may be researching institutional placements for you or your child without your knowledge or consent, and this is the best way to find out.

You deserve to know if your county board is searching for an open bed in an institution for you or your child. Seeing your targeted case management notes gives you a chance to ask questions, object, and seek legal help before a placement becomes a crisis.