Texas v Becerra: A Lawsuit That Threatens Disability Rights

Update: February 21, 2025

The parties submitted a joint status report, not an amended complaint, to the District Court on February that would, if approved, mean that the stay would be continued and they would continue to update on the 21st of each month. The Plaintiffs clarified that they never moved nor plan to move the Court to declare or enjoin Section 504 as unconstitutional on its face. This is an important clarification about their intent because the original demand for relief in the complaint specifically articulates a request to "Declare Section 504, 29 U.S.C. § 794, unconstitutional." The District Court must weigh in as final arbiter of how the case will proceed.

Seventeen states have filed a lawsuit [PDF] against the U.S. government. The states in Texas v. Becerra—Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia—argue that Section 504 of the Rehabilitation Act of 1973 is unconstitutional after the previous Administration updated it last year.

On May 9, 2024, the previous Administration updated Section 504 to bolster nondiscrimination protections for people with disabilities. These updates added nondiscrimination protections for individuals with gender dysphoria and expanded communication access protections. The states in the lawsuit argue that the update unlawfully changes the express terms of Section 504 and the Americans with Disabilities Act.

ASHA is very concerned by these efforts to undermine Section 504 because of its potential sweeping impact for people with disabilities. At its core, Section 504 requires all programs or activities that receive any federal funding not to discriminate against people based on their disability(ies). While this lawsuit is specifically based on the U.S. Department of Health and Human Services' final rule on Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance and would thus seem to be confined to health care services, the claim that Section 504 is unconstitutional would have implications for education settings as well.

The states filed the lawsuit in September 2024, but the case is currently stayed. This means the court has temporarily stopped action on it. The 17 states who filed the lawsuit and the U.S. Department of Justice (DOJ)―the government agency responsible for defending the regulations and statute (law)―will submit briefs on February 25, 2025. The court will review them and then make a ruling on whether the lawsuit will continue.

Given the change in Presidential Administration, it is possible that the DOJ may change how it chooses to proceed in this case in defending the regulation and/or statute. Other parties may possibly seek to join the case to defend the regulation and/or statute depending on how the U.S. proceeds. Any litigation related to this case may take several years.

What ASHA Advocates Can Do

Right now, it’s important for advocates to share with their state attorney general their concerns about the lawsuit and their own experiences with how Section 504 has impacted their lives and the lives of their patients and students. This is especially important for advocates who live in one of the 17 states that joined in the lawsuit. Their state attorneys general needs to hear how important Section 504 is to Americans.

Some ASHA advocates have reported that when contacting their attorneys general, they are told there is no intent to eliminate the entire Section 504 from the law. However, ASHA is still concerned about the scope of the lawsuit because the text of the complaint specifically asks the court to “declare 504 unconstitutional.” It will be critical for a judge to weigh in and determine the scope and breadth of the lawsuit's impact.

What ASHA Is Doing

ASHA is closely monitoring the lawsuit and working with other disability advocacy organizations to elevate the message that Section 504 is an essential element of protection for people with disabilities. ASHA commented in support of the HHS rule [PDF] when it was proposed in 2023 and also supported the U.S. Department of Education's efforts [PDF] to update Section 504 in 2022. We strongly support the civil rights protections that Section 504 provides in all settings.

ASHA is closely monitoring this case and its implications for professionals and the people they serve.

Questions?

Reach out to reimbursement@asha.org.