Texas v. Becerra: What it is and How You Can Help Stop the Attack on Section 504

This page explains what the lawsuit Texas v. Becerra is, how Texas v. Becerra threatens Section 504, and why Section 504 is important. Further down on this page, learn what you can do to help.

What is a lawsuit? What does it mean to sue?

A lawsuit is a kind of court case. The person who starts the lawsuit asks the court to fix a problem they are having. To sue someone means to start a lawsuit against them.

State governments and the United States government can sue each other. When governments sue each other, they are usually trying to get the court to change a law or government rule.

What is Texas v. Becerra?

Texas v. Becerra is a court case in Texas. A group of 17 states have sued the United States government. The states are asking the court to get rid of Section 504 and its new rules that protect people with disabilities from discrimination in health care and human services.

What is Section 504?

Section 504 is an important law that protects people with disabilities. Section 504 says you can’t discriminate against disabled people if you get money from the United States government. To discriminate means to treat people badly because of who they are. Section 504 says you cannot treat people badly because of their disabilities.

Section 504 has rules that explain what disability discrimination is. The rules say that places like schools, hospitals, and doctors’ offices have to include people with disabilities. The rules say what these places have to do to include people with disabilities. Anyone who gets money from the United States government to serve the public or do business has to follow the rules.

The United States government finished the first Section 504 rules in 1977. Many disabled people protested so that the government would make the rules strong.

The United States government updates the Section 504 rules over time. The government just finished updating the rules in 2024. Many disability advocates wrote to the government about what to put in the rules. The updated rules are stronger and have more examples about what disability discrimination is.

Why is Section 504 important?

Section 504 covers all parts of society that get money from the United States government. Section 504 and its rules are very important, especially in education and healthcare. Here are some ways that Section 504 and its rules help us. The rules in Section 504 say that:

• Schools must include students with disabilities and help them learn.
• Doctors and schools must have sign language interpreters for people who are Deaf and Hard of Hearing who sign. Videos must have captions.
• Doctors must give clear information to disabled people. This includes people with intellectual and developmental disabilities.
• Websites for schools and hospitals must work for people who are blind and low vision.
• Doctors and hospitals cannot stop helping someone because they have a disability.
• Doctors and hospitals must have tools and machines that work for wheelchair users. This includes machines that check for cancer.

What Do the 17 States Want?

17 states sued the United States government. They asked the court to get rid of Section 504. The states disagree with a few things in the updated Section 504 rules. But the lawsuit asks the court to get rid of all the updated rules – and to get rid of Section 504 itself, not just the rules they disagree with. The lawsuit says that Section 504 goes against the United States Constitution. The lawsuit says that no one should have to follow any part of Section 504. If the 17 states win, this would be a disaster for people with disabilities.

What will happen next in the lawsuit? 

The court said that the 17 states and HHS must make a joint report to the court by February 25, 2025, about how they think the case should proceed. The parties filed a status report on February 19, 2025. The report makes clear that all 17 states continue to argue that Section 504 is unconstitutional. You can read more about the status report. 

The parties also asked the court to continue the “stay” or pause on any deadlines in the case. 

There are a lot of unknown questions:

• Will the 17 states continue to litigate this lawsuit, or will they back down?
• If the 17 states continue, will the new administration defend the lawsuit in whole or in part?
• If the new administration will not fully defend the case, will other parties intervene to defend the lawsuit?

We will keep updating this page with new information.

Will anything happen on February 25, 2025?

No, we don’t think so. February 25, 2025, was the deadline for the parties to file a joint report. But the parties already filed the report. 

What is the deadline for amicus briefs to support Section 504 and its regulations? 

Right now, there is no briefing schedule. This means that, right now, there is no deadline for amicus briefs.

If and when there is a briefing schedule, we will make sure that the views of the disability community are represented before the court.

Tell Your State Attorney General to Stop Attacking Section 504

You can do more if you live in one of the states that is bringing the case. You can ask your state Attorney General to drop out of the case. You can ask them to drop out of the case in a meeting, in writing, or on the phone. You can ask by yourself or in a group. A group of people can be powerful. You may find a group in your community. You can ask disability groups like your local Center for Independent Living or a chapter of the Arc.

Here is an example of an email to a state Attorney General asking them to drop out of the case:

To: attorney.general@alaska.gov
Subject: Stop Attacking Section 504! Drop Out of Texas v. Becerra!

Dear Attorney General [Treg Taylor],

[Say who you are] I live in Juneau, Alaska, and I have a disability. I am hard of hearing and use a wheelchair. I volunteer for the Southeast Alaska Independent Living Center. I go to college part time. 

[Say why you support Section 504 and its rules] I care about Section 504. I can go more places in my wheelchair because of Section 504. I can go to the doctor and use a scale for people who use wheelchairs. I can get captions for my college classes. I support the updated Section 504 rules. The updated rules are stronger and give more examples of what disability discrimination is. 

[Say why Texas v. Becerra is bad] I am very upset and angry that you have joined a case in Texas called Texas v. Becerra that goes against Section 504 and the updated rules. You are asking the court to get rid of the Section 504 rules and the entire law. If the court does what you ask, I will not be able to go to the doctor or my college classes and get equal treatment. I will not have equal rights. This will be true for all the other disabled people in Alaska. 

[Say you want them to drop out of the case] I want you to drop out of Texas v. Becerra. You should support Section 504 and its rules. You should not be attacking our rights. 

[Ask for a meeting] I want you to meet with me and other people with disabilities. We want to talk to you about the case and why we are so concerned about it. 

Sincerely,

[Your name]

My name is [your name], and I live in [your city, your state].

I am a person with a disability. [Say more about your disability].

I am very upset that you have joined Texas v. Becerra, a lawsuit asking a Texas court to declare Section 504 and its updated HHS regulations unlawful and unconstitutional. This request is located on page 42 of the complaint.

Section 504 and these updated regulations are extremely important to the disability community. Section 504 and its rules make sure people with disabilities can be included in schools and can see their doctor. [Say why you care about Section 504 – for example, share about a 504 plan you had in school or a time that you were able to get an ASL interpreter at a doctor’s appointment .] 

If the court agrees with the states bringing the lawsuit, people with disabilities will lose civil rights. These rights have protected people with disabilities for over 50 years. This is NOT OK!

If you care about the disability community and do not want to tear down Section 504, drop out of the lawsuit NOW!

Thank you,

[Your name]

Resources About Texas v. Becerra 

• Texas v. Becerra: Frequently Asked Questions (FAQ)
• Contact list of 50 State Attorneys General
• February 21, 2025: Update on the Texas v. Becerra Lawsuit
  • ASL Verison: Update on the Texas v. Becerra Lawsuit
• February 12, 2025: Webinar Recording: Disability Community Briefing: What You Can Do to Stop the Attack on Section 504
• January 31, 2025: Plain Language Explainer: Texas v. Becerra Section 504 Under Attack
  • ASL Version: Plain Language Explainer: Texas v. Becerra Section 504 Under Attack

Resources About the Section 504 & the New Section 504 Rules 

• New Section 504 rules | Administration on Community Living
• New Section 504 and 1557 Regulations | American Association for People with Disabilities
• Video: The Power of 504