3/17/25 - More on Section 504, and a new disability blog
I'm circling back today to the ongoing legal threat to Section 504 of the Rehabilitation Act – an issue that benefits from further discussion and interpretation, provided here in two newer articles. I'm also linking a new disability-related blog you should all subscribe to.
Disabled Americans fear losing protections if states’ lawsuit succeeds
Amanda Morris, Washington Post - March 11, 2025
"“Despite the considerable misinformation about this lawsuit, the intent of this lawsuit was never to ask the Court to declare all of Section 504 unconstitutional or to in any way reduce funding for disabled children and their families,” South Dakota Attorney General Marty Jackley (R)wrote in an emailed statement ... However, many disability advocates and legal experts said, the lawsuit’s text, as well as a subsequent joint report filed in late February, explicitly targets Section 504 and puts disabled people’s legal protections at risk."
It's good to see Amanda Morris apply her excellent disability-informed journalism to the threat to Section 504 of the Rehabilitation Act. Here she carefully and clearly explains the legal, rhetorical, and ideological contours of the Section 504 lawsuit. Then she shows how Section 504's reach includes key support services disabled Americans rely on to stay independent, living in their own homes rather than nursing homes. This is an important read for anyone who wants to understand the nuances of this issue, and the high stakes involved.
The Poison Pill in the Peanut Butter: A Culture-War Lawsuit Quietly Threatens Disability Rights
Matthew P. Cavedon, The Federalist Society - March 11, 2025
Source: Amber Smock's Facebook page
"In response, state attorneys general have tried to claim the lawsuit targets only the gender-dysphoria rule. But their complaint itself spends twenty paragraphs arguing—as Count 3 reads—“Section 504 is Unconstitutional.” Even in a subsequent joint filing where the AGs had the chance to clarify this claim, they made a similarly broad argument, claiming that Section 504 is unconstitutional for any entity not directly funded by the Rehabilitation Act. This argument would strip disability non-discrimination protections from the entire medical system, removing even the legal protections the Reagan Administration used to protect disabled newborns in the 1980s."
It's worth reiterating Amber Smock's note on sharing this piece at Facebook: "The Federalist Society is a conservative and libertarian organization. This piece is refreshing."
Most explanations of the 17 state lawsuit over Section 504 describe it as mainly about eliminating its protections for trans people, and only incidentally aimed at abolishing 504 altogether. That's essentially what many of the state attorneys general are now claiming. But this article suggests that it might be the other way 'round. It suggests that relatively recent, very specific hot-button "culture war" passions over trans people are being used cynically achieve the real goal of getting rid of 504's disability rights protections one and for all – something the general public doesn't particularly want, but that conservative politicians and state attorneys general have wanted for decades. It's hard to say which came first, or what the lawsuit's true intentions are. But in today's political climate, using transphobia to achieve other, mostly unrelated ideological goals seems pretty plausible.
Disability Voting News: March 12, 2025
Sarah Blahovec, The Accessible Voting Booth - March 12, 2025
"This blog is a little bit of a 'building the plane while flying it' moment for me. I really love talking about disability voting rights and getting down into the details, but I realize a lot of folks may find this tedious. To make this a little more fun, I’ve decided to share reaction images from my dog, Oliver (and I may reach back into the archives for reactions from my charismatic schnauzers who have crossed the rainbow bridge, Harpo and Cassie). With that, let’s begin!"
I'm excited about this promising new blog, focused on voting accessibility and political participation by disabled people in the U.S. It's by Sarah Blahovec, who has been a capable and perceptive disabled activist for many years. Her care and precision, plus the important focus on disabled voting rights and access, suggest that her blog will be well worth following. Plus, it's a nice touch to add some off-topic diversions – like Sarah's dog pictures – to a blog that will have to be hard going sometimes, just based on the topic and the current climate around it.
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