Not Dead Yet (NDY) writes to express our strong opposition to the lawsuit Texas v.
Kennedy and its goals. Texas and nine other states (Alaska, Florida, Indiana, Kansas,
Louisiana, Missouri, Montana, and South Dakota) have decided to spend taxpayer
dollars undermining people with disabilities’ right to community living. Members of the
independent living movement founded NDY. We share their commitment to equality and
freedom for people with disabilities. By attempting to destroy Section 504’s
deinstitutionalization framework, state plaintiffs do the opposite.
The plaintiffs’ lawsuit is a direct continuation of Texas v. Beccera, a lawsuit by sixteen
U.S. states which failed to argue that Section 504 was unconstitutional. The current
lawsuit targets only HHS’ 2024 Final Rule, but plaintiffs’ commitment to disability-based
segregation is the same. In their new lawsuit plaintiffs argue that the Final Rule’s
requirement that federally funded providers offer services in “the most integrated setting
appropriate” is unconstitutional. Plaintiffs also argue that the rule’s prohibition of actions
that put people with disabilities at “serious risk” of institutionalization is unconstitutional.
Both arguments flagrantly contradict the letter and spirit of the Supreme Court’s
decision in Olmstead v. L.C. ex. rel. Zimring (1999), which mandates offering services in
the community whenever doing so is possible, despite their arguments to the contrary.
The lawsuit repeatedly mentions the “expense” of providing community-based services.
In short: the arguments attempt to defy decades of public debate on disability,
significant changes to federal law and policy and serious efforts to reform the service
system and Medicaid as a primary payer in favor of a bald-faced attempt to save money
at people with disabilities’ expense.
NDY has always focused on assisted suicide and euthanasia laws’ implications for the
broader healthcare delivery system. We believe that these laws are healthcare
discrimination and that they represent a significant threat to health equity. NDY
therefore, cannot and will not accept actions by states that treat paying for their disabled
citizens’ care in the community as a burden. Medicaid began to fully transition away
from an institutional model more than a decade ago. It is past time for the plaintiffs to ensure people with disabilities have the right to full, independent, self-determined lives with access to services.
For more information on Not Dead Yet and our policy positions, please reach out to
Kelly Israel, Not Dead Yet’s Interim Deputy Director, at kisrael@notdeadyet.org.
Please also see DREDF’s blog piece for an in-depth look into the situation as it unfolds: Texas and Eight Other States Renew Attack on Section 504 and the Right of Disabled People to Live in their Communities
In Solidarity,
Kelly Israel
Interim Deputy Director
Not Dead Yet



