States are suing the federal government in Texas v. Kennedy (formerly Texas v. Becerra). If successful, the lawsuit would threaten the rights of millions of people with disabilities to live and participate in their communities.
Nine states (Alaska, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, and South Dakota) argue that Section 504 of the Rehabilitation Act contains an unlawful integration mandate, a requirement that people with disabilities receive services in the most integrated setting appropriate, not in unnecessary institutional settings.
Section 504 is a foundational disability civil rights law. It prohibits discrimination by federally funded programs, including schools, hospitals, housing, transportation, and community services.
The National Down Syndrome Congress (NDSC) supports a joint statement from national disability organizations urging nine states to withdraw from this lawsuit.
TAKE ACTION: If you live in one of the nine states, contact your State’s Attorney General and Governor by phone and email and urge them to drop this lawsuit. You can find their contact information here: https://www.usa.gov/state-governments. For your convenience, we have included a phone and email script.
Joint Statement: https://dredf.org/.../2026.01.28-Texas-v.-Kennedy-Joint...
FAQ on the Lawsuit: https://dredf.org/protect-504/
Phone script:
Hi, my name is [Name] from [City]. I’m calling to ask Attorney General _____ (or Governor ________) to protect Section 504 of the Rehabilitation Act.
Section 504 helps people with disabilities be included in school, healthcare, work, and community life. It matters to me because [brief example].
Please withdraw from Texas v. Kennedy and publicly support Section 504. Thank you.
Email script:
Dear Attorney General ______ (Governor _____),
My name is [Name], and I live in [City, State]. I’m writing to ask you to protect Section 504 of the Rehabilitation Act.
Section 504 helps people with disabilities be included in school, access healthcare, work, and live in the community. In my life, this matters because [brief personal example].
The lawsuit, Texas v. Kennedy, threatens these civil rights protections that people with disabilities have relied on for over 50 years. Our state is part of this case, and I respectfully urge you to join many other states in withdrawing from this lawsuit. Please stand on the side of dignity, inclusion, and equal rights by ensuring our state does not weaken these essential protections for people with disabilities.
Sincerely,
[Name]
[Contact Information]
