Seventeen states have filed a lawsuit in Texas that, among other things, seeks to have our oldest and most basic disability rights statute — Section 504 of the Rehabilitation Act of 1973 — declared unconstitutional. After several weeks of righteous pushback, the plaintiff states are now claiming in press releases — and even in a formal, signed pleading to the court — that they are not in fact challenging Section 504. Don’t believe the spin: Section 504 is still under attack.
This is a lie. Whatever they may say in the press or a status report, they have not amended the Complaint, which includes this unambiguous language:
Count 3: Section 504 is Unconstitutional
…
Demand for Relief . . .
d. Declare Section 504, 29 U.S.C. § 794, unconstitutional;
e. Issue permanent injunctive relief against [the Department of Health and Human Services] enjoining them from enforcing Section 504.
Complaint at 37, 42, ECF No. 1, Texas v. Becerra, No. 24-cv-00223-H (Sept. 26, 2024).
The Complaint goes far beyond that, and in fact the motivating force was likely a set of Biden-administration regulations interpreting Section 504, the preamble to which discussed protections for transgender people. This, naturally, pissed off various conservative attorneys general, who got together and sued to challenge the regulations.
Not satisfied to ensure that trans people are treated as badly as possible, these AGs decided to challenge Section 504 itself — a mainstay of disability rights for the past 50 years — as unconstitutional. If they prevail on this claim, it will invalidate Section 504 and have a cascading effect on the rights of disabled people to basic protections from discrimination, reasonable accommodations, and physical access to our civic space.
Our friends at the Disability Rights Education and Defense Fund created a powerful explainer concerning this attack on Section 504 that included information on how folks in the 17 plaintiff states could contact their attorneys general to challenge this destructive lawsuit. The explainer and related calls to action got a lot of traction in social media, for example, on Bluesky, Facebook, and Instagram.
Apparently some of these conservative AGs didn’t like being called out for attempting to destroy disability rights, so they went with the go-to conservative response: disingenuous spin. The Iowa AG claimed it was “an urban legend” that the case sought to have 504 declared unconstitutional. The Alaska AG stated in a press release that his office had “received many concerned calls and emails due to misunderstandings or misinformation about the lawsuit” and that “Alaska’s continued participation in the Texas v. Becerra multistate case ensures that the Rehabilitation Act will continue.” The statements of 13 of the 17 attorneys general, spinning away from the import of Claim Three and the Demand for Relief in the Complaint bearing their names, are listed at the end of this post.
This spin has culminated in a bizarre filing in the case itself. A Joint Status Report filed on Wednesday — signed by Jason K. Altabet on behalf of the Trump DOJ and Zachary L. Rhines on behalf of the Texas Attorney General — stated:
Plaintiffs clarify that they have never moved—and do not plan to move—the Court to declare or enjoin Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, as unconstitutional on its face.
Id. at 2, ECF No. 50 (Feb. 19, 2025).
This is wrong and misrepresents the plain language of the Complaint. Whatever the PR people working for the plaintiff states try to tell you — or even file before the judge in the case — their operative complaint asks the court to declare Section 504 unconstitutional. If these states actually believed their own press — actually wanted to ensure the continued viability of Section 504 — they need to amend the Complaint to drop Claim Three and its related demands.
Press coverage of attorneys general who signed (or, in the case of Utah and West Virginia, whose predecessor signed) the Complaint now attempting to backtrack from the claim that Section 504 is unconstitutional:
- Alabama Attorney General Steve Marshall: “[T]his lawsuit has never been about restricting the opportunities that Section 504 provides for families across Alabama. Quite the opposite.” https://aldailynews.com/marshall-clarifies-gender-lawsuit-but-concerns-over-section-504-remain/
- Alaska Attorney General Treg Taylor: ““My office has received many concerned calls and emails due to misunderstandings or misinformation about the lawsuit. I want to reassure those who are concerned, the lawsuit is focused on the new regulations and their repercussions. It does not seek to reduce funding for existing disability programs or any person’s rights covered under current 504 plans.” https://law.alaska.gov/press/releases/2025/021825-RehabilitationAct.html
- Arkansas Attorney General Tim Griffin: “In the ‘Demand For Relief’ section of the lawsuit, it says that: . . . ‘Plaintiffs respectfully request that the Court: … d. Declare Section 504, 29 U.S.C. § 794, unconstitutional; e. Issue permanent injunctive relief against Defendants enjoining them from enforcing Section 504 . . .’ AG Griffin says this is not the case. . . . Griffin said Section 504 ‘prohibits discrimination against individuals with disabilities in federally funded programs, and it requires employers to reasonably accommodate them. It’s been on the books for 50 years. We haven’t challenged it; we’re not trying to challenge that law itself.” https://www.nwahomepage.com/news/attorney-general-tim-griffin-clarifies-arkansas-stance-on-lawsuit-against-section-504-rule/
- Georgia Attorney General Christopher Carr: “The lawsuit being referenced in no way, shape, or form would affect Georgia’s existing 504 disability program. . . . In a statement, Attorney General Chris Carr told 11Alive the constitutionality of 504 was never in question.” https://www.11alive.com/article/news/education/legal-expert-explains-504-lawsuit/85-d3476109-7313-4e0b-95a7-3cd9a5780bc5
- Indiana Attorney General Theodore Rokita: “As a father of a special needs child, Attorney General Rokita understands and is in full support of the ADA and Section 504.” https://indianacapitalchronicle.com/2025/02/21/gop-led-lawsuit-that-could-dismantle-disability-protections-draws-public-backlash/
- Iowa Attorney General Brenna Bird: “I asked Bird to comment on the Texas lawsuit seeking to have Section 504 declared unconstitutional. ‘That’s not true, just so you know,’ she said. ‘That’s not true at all.’ I mentioned that the suit is asking the court to find that Section 504 violates the Spending Clause. ‘There’s an urban legend going around on that, and that information is not correct,’ Bird insisted. ‘We can send you the amicus brief, so that you have it.’” https://www.bleedingheartland.com/2025/02/16/brenna-bird-hid-the-ball-on-major-disability-case-now-shes-lying-about-it/
- Louisiana Attorney General Elizabeth Murrill: “I support Section 504 protections for people with disabilities. I do NOT support continuing with that particular part of the lawsuit. The case is in the process of settling, and I believe that particular claim will ultimately be dropped out of the lawsuit.” https://aglizmurrill.com/Article/240
- Nebraska Attorney General Michael Hilgers: “He appreciates the importance of Section 504 to disabled Nebraskans and parents of children with disabilities. As shown in the status report filed last night by the states, the primary purpose of the complaint is not to challenge Section 504 or threaten funding for Nebraskans with disabilities. The Attorney General will reevaluate Nebraska’s involvement or take other appropriate action if the legal protection and funding provided by Section 504 becomes threatened.” https://ago.nebraska.gov/news/attorney-general-statement-and-court-filing-texas-v-becerra-regarding-section-504
- South Carolina Attorney General Alan Wilson: “The Attorney General’s Office joined the lawsuit with the sole intention of removing ‘gender identity disorders’ and restoring Section 504 to what Congress passed originally. There was no intention to throw out Section 504 entirely.” https://www.abccolumbia.com/2025/02/13/able-sc-attorney-general-react-as-lawsuit-threatens-to-end-section-504/
- Texas Attorney General Ken Paxton: “Despite a misinformation campaign, Texans should know that from the very beginning, this lawsuit has not sought to take away the protections for anyone currently covered under the Rehabilitation Act.” https://www.fox7austin.com/news/section-504-lawsuit-texas-gender-dysphoria
- Utah Attorney General Derek Brown: “In an interview with KSL TV last week, Brown noted that the lawsuit was filed before he took office and disagreed that Section 504 was unconstitutional.” https://ksltv.com/local-news/utah-16-other-states-tell-judge-we-never-meant-to-say-section-504-is-unconstitutional/741469/ [
- West Virginia Attorney General JB McCuskey: “[F]ollowing concerns from parents, caregivers and providers over a lawsuit involving Section 504, the plaintiff states are working to ‘make clear that Section 504 will be preserved.’” https://www.msn.com/en-us/news/us/mccuskey-section-504-here-to-stay-lawsuit-remains-stayed/ar-AA1ztDf1