Griffin: ‘Threatening Section 504 of the Rehabilitation Act of 1973 in its entirety was never our goal nor was it something we sought, despite what some have said in the media and online’
LITTLE ROCK – Attorney General Tim Griffin issued the following statement after he and the coalition of 16 other attorneys general who last year sued the Biden administration over an unlawful federal rule clarified their position with a filing in court:
“As I have reiterated over the past week, from the beginning, our lawsuit challenging the Biden administration’s rule categorizing gender dysphoria as a disability was about just that: challenging that specific rule. Threatening Section 504 of the Rehabilitation Act of 1973 in its entirety was never our goal, nor was it something we sought, despite what some have said in the media and online. But to ensure all stakeholders involved are comfortable and are clear about the 17 states’ intent, we have filed a status report with the court with the following language:
Plaintiffs clarify that they have never moved—and do not plan to move—the Court to declare or enjoin Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, as unconstitutional on its face. Plaintiffs have not sought and do not seek to enjoin the disbursement of funds from the Department on the basis that the statute is unconstitutional.
The context of the entire Complaint, ECF No. 1, shows that the meaning and scope of Count 3 asserting a claim under the Spending Clause—and the declaratory and injunctive relief sought in the demand—is an as-applied challenge to any purported application of Section 504 to funds that are not authorized by the Rehabilitation Act. Such alleged unconstitutional applications include the requirements the Final Rule imposes on recipients to adopt the “most integrated setting” and the “at serious risk of institutionalization” standards of care. 89 Fed. Reg. 40,066, 40,183, 40,120–21, 40,192 (May 9, 2024).
Nothing in Plaintiffs’ Complaint seeks to restrain the disbursement of federal funds from the Department on the basis that the statute is unconstitutional, or to otherwise prevent the Federal Government from allocating spending or applying the provisions of the Rehabilitation Act to any recipients of such funds.
“Also, it deserves mention that the lawsuit is stayed pending review of the rule by the Trump administration. I am confident the administration will soon abandon Biden’s blatantly unlawful interpretation of Section 504, which was the basis of our lawsuit in the first place.”
To read the full status report filed with the United States District Court Northern District of Texas, click here.
