Republican attorneys general from 17 states are suing the U.S. Department of Health and Human Services (HHS) over Section 504 of the Rehabilitation Act, which protects individuals with disabilities. Following their controversial inclusion of gender dysphoria as a possible disability, they have released a status report clarifying they do not plan to declare Section 504 unconstitutional. However, disability rights advocates argue this move is insufficient and that the underlying threats to disability rights remain despite the clarification, pointing out the lack of meaningful changes to the original lawsuit.
The attorneys general obviously got a lot of pushback. Some responded to the pushback saying that they were going to drop the claim. That didn't happen.
Plaintiffs clarify that they have never moved - and do not plan to move - the Court to declare or enjoin Section 504 ... unconstitutional on its face.
Disability advocates warn that this status report does not actually mean anything substantial and, in fact, disability rights are still under threat.
The context of the entire Complaint ... is an as-applied challenge to any purported application of Section 504 to funds that are not authorized by the Rehabilitation Act.
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