From National Health Law Program
Texas v. Kennedy (previously Texas v. Becerra) is a lawsuit brought by 17 states in federal court in the Northern District of Texas. The lawsuit challenges 2024 regulations from the U.S. Department of Health and Human Services (HHS). The lawsuit claims that Section 504 of the Rehabilitation Act is unconstitutional.
Section 504 prohibits disability discrimination. It covers the federal government and those who get federal dollars. HHS updated its Section 504 regulations in May 2024. These regulations were last updated 50 years ago. The 2024 regulations make important updates. Covered entities may not discriminate in medical treatment or child welfare. They must provide accessible websites and medical equipment. As before, states must provide services in the community. They may not segregate or institutionalize disabled people who can live in the community with supports.
On April 11, 2025, the 17 states and HHS filed a Joint Status Report asking the court to continue the pause in the case. The states said they are no longer challenging the constitutionality of Section 504 of the Rehabilitation Act.
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