Texas v. Kennedy Still Seeks to Eliminate Section 504

Do not be fooled. Do not be complacent. Despite public claims to the contrary, Texas v. Kennedy remains a direct and dangerous attack on Section 504 of the Rehabilitation Act, a foundational civil rights law that has protected people with disabilities for more than 50 years.

What’s Really Happening

In September 2024, seventeen states sued then–HHS Secretary Xavier Becerra. Publicly, the lawsuit was framed as a challenge to new Section 504 regulations, specifically objecting to a non-binding preamble discussion that mentioned gender dysphoria.

But buried deep in the lawsuit was something far more alarming: a request to declare all of Section 504 unconstitutional. If successful, this would wipe out decades of disability-rights protections nationwide.

The So-Called “Big Change” That Wasn’t

After widespread outrage from disability advocates across the country, including you, the states filed a joint report in April 2025 suggesting they were backing away from their Section 504 claim. But here’s the truth:

• They did not dismiss the lawsuit
• They did not actually amend the complaint

That same month, HHS clarified that the preamble language about gender dysphoria:

• Has no force of law
• Does not create new legal obligations

At that point, the lawsuit should have ended, but it didn’t.

The 2026 Amended Complaint: Same Threat, New Packaging

In January 2026, while some states dropped out, including Nebraska (thanks to you!), nine states filed an amended complaint, this time attacking Section 504 regulations for requiring disability services to be delivered in the most integrated setting.

Once again, at the very end of the complaint—out of public view—the states demanded a declaration that Section 504 be declared unconstitutional in its entirety, again arguing that it violates the Constitution’s Spending Clause. This is not accidental. The lawsuit is not just about integrated settings, it is a vehicle to eliminate Section 504.

What’s at Stake

Section 504 is a cornerstone of U.S. disability rights law. It prohibits discrimination against people with disabilities in any program or service receiving federal funding.

If Section 504 falls:

• Long-standing civil rights protections will disappear
• People with disabilities could be excluded from education, healthcare, housing, and services
• Fifty years of progress could be erased

The nine states continuing this lawsuit are: Texas, Alaska, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, and South Dakota. These states are seeking to take away your rights, our rights, and the rights of millions of people who depend on nondiscrimination protections to live, learn, and work in their communities.

This renewed attack on disability rights is intolerable.

We urge you to:

• Contact the governors and attorneys general of these nine states
• Demand that they withdraw this attack on Section 504
• Speak out loudly and clearly in defense of disability civil rights

Do not be fooled. This lawsuit was never just about regulatory language. It was, and still is, about eliminating Section 504 entirely.