A group of states, led by Texas, is arguing in federal court that Section 504 of the Rehabilitation Act—the law that protects people with disabilities from discrimination in federally funded programs—is unconstitutional. (See Count 3 of their lawsuit.) If they win, the consequences could be devastating for disabled Americans.
Let’s break down their argument in plain English and talk about what’s at stake.
What Is Section 504?
Section 504 of the Rehabilitation Act is a cornerstone of disability rights law. It says that no person with a disability can be excluded from, denied benefits, or discriminated against in any program that receives federal money. This law applies to schools, hospitals, public transportation, state agencies, and many other services that use federal funding.
For example:
If a public school gets federal funds, it must provide accommodations for students with disabilities.
If a hospital receives Medicare funding, it must offer accessible medical services.
If a state transportation department gets federal grants, it must make public transit wheelchair accessible.
Without Section 504, many disability rights protections that people take for granted today could disappear.
Why Are Texas and Other States Challenging It?
Texas and other states argue that Section 504 is unconstitutional because they say it unfairly changed the rules after they had already agreed to take federal money, forcing them to follow disability discrimination laws they never knowingly accepted. They also claim that these rules shouldn’t apply to all federal funding—like farm subsidies—if the money has nothing to do with disability services. Lastly, they argue that the federal government is forcing them to comply by threatening to take away all federal funding if they refuse, which they say is unconstitutional coercion.
What Happens If These States Win?
If the court agrees that Section 504 is unconstitutional, the impact would be enormous.
Here’s what it could mean:
Students with 504 plans would lose protections in schools. Public schools might no longer be required to provide disability accommodations. Section 504 plans—which protect millions of students—could disappear.
Hospitals and medical providers could discriminate. A hospital that takes Medicare funding might no longer have to provide accessible services for disabled patients.
Public transportation accessibility could be at risk. Cities might no longer be required to make buses, subways, or train stations accessible.
State agencies could deny services. State offices that receive federal funds—such as welfare programs, housing assistance, or vocational rehabilitation—might no longer have to ensure equal access for disabled people.
Why This Case Matters
Section 504 has been one of the most effective tools in fighting disability discrimination for 50 years. If it’s struck down, Americans with disabilities could lose critical protections in schools, hospitals, workplaces, and public services.
This lawsuit is a direct attack on disability rights. If Texas and the states win and Section 504 is declared unconstitutional, people with disabilities could face more discrimination with fewer legal protections.
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