Case: State of Texas v. Becerra

5:24-cv-00225 | U.S. District Court for the Northern District of Texas

Filed Date: Sept. 26, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a federal lawsuit brought by 16 Republican state attorneys general challenging the Biden Administration's Department of Health and Human Services’ publication of updated final rules (the “Final Rule”) for implementing Section 504 of the Rehabilitation Act - which prohibits discrimination based on disability in programs that receive federal funding. The states challenge two aspects of the rule for allowing gender dysphoria to count as a disability, and strengthening the “integration mand…

This is a federal lawsuit brought by 16 Republican state attorneys general challenging the Biden Administration's Department of Health and Human Services’ publication of updated final rules (the “Final Rule”) for implementing Section 504 of the Rehabilitation Act - which prohibits discrimination based on disability in programs that receive federal funding. The states challenge two aspects of the rule for allowing gender dysphoria to count as a disability, and strengthening the “integration mandate.” The states claimed that these two aspects of the rule violated the Administrative Procedures Act and that they, and the entirety of Section 504 of the Rehabilitation Act, violate the Constitution's Spending Clause.    

On May 9, 2024, the Biden Administration finalized a new rule under Section 504 of the Rehabilitation Act (“Section 504”) and the Americans with Disabilities Act (“ADA”), which added gender dysphoria to the definition of disability. Previously, gender identity disorders not resulting from physical impairments were excluded from coverage under Section 504. In the preamble of the Department’s Notice of Proposed Rulemaking, DHHS tried to combat this and noted a recent case in Fourth Circuit, Williams v. Kincaid, where the court concluded that gender dysphoria can be a disability under section 504 and the ADA, but that even if gender dysphoria were such a disorder excludable gender identity disorder, plaintiff's complaint “amply supports [the] inference” that her gender dysphoria “result[s] from a physical impairment.” 45 F.4th 759, 773-774 (4th Cir. 2022).

The Final Rule also obligated all recipients of federal financial assistance to provide services in the “most integrating setting," while prohibiting actions that result in a “serious risk of institutionalization." Meaning, states were required to provide care to persons with disabilities in a setting that provided them with opportunities to live, work, and receive services in the greater community, like individuals without disabilities.

On September 26, 2024, the states of Texas, Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Utah, and West Virginia filed this case in the U.S. District Court for the Northern District of Texas, claiming that the Final Rule was arbitrary and capricious. The case was initially assigned to Senior District Judge Sam Cummings and then in December 2024 reassigned, like all of Judge Cummings' cases, to Judge Wes Hendrix.

Under the APA, plaintiffs claim that the Final Rule 1) exceeds statutory authority and is not in accordance with law, and 2) is arbitrary and capricious. They further allege that Section 504 is unconstitutional under the spending clause as 1) it imposes a condition of nondiscrimination due to a disability on the receipt of any and all federal money, and 2) imposes new requirements that “cannot be gleaned from the plain language of the Rehabilitation Act.” Plaintiffs asked the court for declaratory relief and sought permanent injunctive relief enjoining the Defendants from enforcing the Final Rule.

On January 20, 2025, the Trump Administration issued Executive Order 14168, "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," stating that sex is immutable and entirely biological and promising significant changes in the Administration's policies relating to transgender people. In light of this new Executive Order, defendants filed an unopposed motion for a stay of proceedings in this case on January 24, promising an update to the court one month later. The parties filed the update in February, with the named defendant now being Robert F. Kennedy Jr. - the Secretary of the Health and Human Services Department in Trump’s second term.

In their joint status report, defendants report to continue evaluating their position in light of Trump' s EO 14168. The plaintiffs clarify that they did not, and do not plan to, move the court to declare or enjoin Section 504 as unconstitutional on its face. Instead Plaintiffs clarify that their claim under the spending clause was a “challenge to any purported application of Section 504 to funds that were not authorized by the Rehabilitation Act” - which the plaintiffs believe include the requirements by the Final Rule for recipients of funds to adopt the “most integrated setting” standard of care. Plaintiffs further clarify they are not seeking to restrain disbursement of federal funds based on the statute being unconstitutional.

The parties asked the court to not disturb the stay of briefing deadlines, which the court ordered. After several other status reports, the briefing deadline remains stayed as of August 5, 2025.

This case is ongoing.

Summary Authors

Clearinghouse (4/23/2025)

Jeremiah Price (7/22/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69200578/parties/state-of-texas-v-becerra/


Attorney for Plaintiff

Aguinaga, Jorge Benjamin (Texas)

Barta, James A (Texas)

Bronni, Nicholas J (Texas)

Capozzi, Louis Joseph (Texas)

Attorney for Defendant

Altabet, Jason (Texas)

show all people

Documents in the Clearinghouse

Document
1

5:24-cv-00225

Complaint

Texas v. Becerra

Sept. 26, 2024

Sept. 26, 2024

Complaint
2

5:24-cv-00225

Declaration of Sid Miller

Texas v. Becerra

Sept. 27, 2024

Sept. 27, 2024

Declaration/Affidavit
28-2

5:24-cv-00225

Index to the Administrative Record

Dec. 15, 2024

Dec. 15, 2024

Other
43

5:24-cv-00225

Unopposed Motion for Stay of All Deadlines

Jan. 24, 2025

Jan. 24, 2025

Pleading / Motion / Brief
50

5:24-cv-00225

Joint Status Report

State of Texas et al. v. Kennedy, Jr.

Feb. 19, 2025

Feb. 19, 2025

Pleading / Motion / Brief
59

5:24-cv-00225

Joint Status Report

April 11, 2025

April 11, 2025

Monitor/Expert/Receiver Report
70

5:24-cv-00225

Order

State of Texas et al. v. Kennedy, Jr. et al.

Aug. 5, 2025

Aug. 5, 2025

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69200578/state-of-texas-v-becerra/

Last updated Nov. 2, 2025, 10:06 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by State of Texas. (Filing fee $405; Receipt number ATXNDC-14949470) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) Declaration, # 2 Cover Sheet Civil Cover Sheet) (Walters, Ryan) (Entered: 09/26/2024)

1 Exhibit(s) Declaration

View on PACER

2 Cover Sheet Civil Cover Sheet

View on PACER

Sept. 26, 2024

Sept. 26, 2024

Clearinghouse
2

Supplemental Document by State of Texas as to 1 Complaint Exhibit A to ECF No. 1-1. (Walters, Ryan) Modified text on 9/30/2024 (bdg). (Entered: 09/27/2024)

Sept. 27, 2024

Sept. 27, 2024

Clearinghouse
3

New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (bdg) (Entered: 09/30/2024)

Sept. 30, 2024

Sept. 30, 2024

PACER
4

Summons issued as to Xavier Becerra, United States Department of Health and Human Services, U.S. Attorney, and U.S. Attorney General. (bdg) (Entered: 09/30/2024)

Sept. 30, 2024

Sept. 30, 2024

PACER
5

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14975809) filed by State of Alaska (Attachments: # 1 Certificate of Good Standing) (Russell, Laura) (Entered: 10/08/2024)

Oct. 8, 2024

Oct. 8, 2024

PACER
6

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14976428) filed by State of South Carolina (Attachments: # 1 Exhibit(s) Certificate of Good Standing)Attorney James Emory Smith, Jr added to party State of South Carolina(pty:pla) (Smith, James) (Entered: 10/08/2024)

Oct. 8, 2024

Oct. 8, 2024

PACER
10

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14978579) filed by State of Georgia (Petrany, Stephen) Docket text modified on 10/9/2024 (twd). (Entered: 10/09/2024)

Oct. 9, 2024

Oct. 9, 2024

PACER
11

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14980154) filed by State of Indiana (Attachments: # 1 Proposed Order) (Barta, James) (Entered: 10/09/2024)

1 Proposed Order

View on PACER

Oct. 9, 2024

Oct. 9, 2024

PACER
7

ORDER granting 6 Application for Admission Pro Hac Vice of James Emory Smith, Jr.. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sam R Cummings on 10/9/2024) (bmh) (Entered: 10/09/2024)

Oct. 9, 2024

Oct. 9, 2024

PACER
8

ORDER granting 5 Application for Admission Pro Hac Vice of Laura O. Russell. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sam R Cummings on 10/9/2024) (bmh) (Entered: 10/09/2024)

Oct. 9, 2024

Oct. 9, 2024

PACER
9

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14978229) filed by State of South Dakota (Attachments: # 1 Certificate of Good Standing) (Salberg, Aaron) (Entered: 10/09/2024)

Oct. 9, 2024

Oct. 9, 2024

PACER
12

SUMMONS Returned Executed as to Xavier Becerra ; served on 10/3/2024. (Walters, Ryan) (Entered: 10/11/2024)

Oct. 11, 2024

Oct. 11, 2024

PACER
13

SUMMONS Returned Executed as to United States Department of Health and Human Services ; served on 10/3/2024. (Walters, Ryan) (Entered: 10/11/2024)

Oct. 11, 2024

Oct. 11, 2024

PACER
14

ORDER granting 10 Application for Admission Pro Hac Vice of Stephen J. Petrany. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sam R Cummings on 10/15/2024) (bmh) (Entered: 10/15/2024)

Oct. 15, 2024

Oct. 15, 2024

PACER
15

ORDER granting 9 Application for Admission Pro Hac Vice of Aaron D. Salberg. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sam R Cummings on 10/15/2024) (bmh) (Entered: 10/15/2024)

Oct. 15, 2024

Oct. 15, 2024

PACER
16

ORDER granting 11 Application for Admission Pro Hac Vice of James A. Barta. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sam R Cummings on 10/15/2024) (bmh) (Entered: 10/15/2024)

Oct. 15, 2024

Oct. 15, 2024

PACER
17

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15002645) filed by State of Montana (Attachments: # 1 Exhibit(s) Certificate of Good Standing)Attorney Peter Martin Torstensen, Jr added to party State of Montana(pty:pla) (Torstensen, Peter) (Entered: 10/18/2024)

Oct. 18, 2024

Oct. 18, 2024

PACER
18

ORDER granting 17 Application for Admission Pro Hac Vice of Peter M. Torstensen, Jr.. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sam R Cummings on 10/21/2024) (bmh) (Entered: 10/21/2024)

Oct. 21, 2024

Oct. 21, 2024

PACER
19

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15021459) filed by State of Florida (Attachments: # 1 Exhibit(s) Certificate of Good Standing) (Percival, James) (Entered: 10/28/2024)

Oct. 28, 2024

Oct. 28, 2024

PACER
20

ORDER granting 19 Application for Admission Pro Hac Vice of James H. Percival. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sam R Cummings on 10/29/2024) (bmh) (Entered: 10/29/2024)

Oct. 29, 2024

Oct. 29, 2024

RECAP
21

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15077601) filed by State of West Virginia (Attachments: # 1 Exhibit(s) Certificate of Good Standing) (Williams, Michael) (Entered: 11/20/2024)

Nov. 20, 2024

Nov. 20, 2024

PACER
22

ORDER granting 21 Application for Admission Pro Hac Vice of Michael R. Williams. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sam R Cummings on 11/21/2024) (bmh) (Entered: 11/21/2024)

Nov. 21, 2024

Nov. 21, 2024

PACER
23

NOTICE of Attorney Appearance by John T. Lewis on behalf of Xavier Becerra, United States Department of Health and Human Services. (Filer confirms contact info in ECF is current.) (Lewis, John) (Entered: 11/22/2024)

Nov. 22, 2024

Nov. 22, 2024

PACER
24

Joint MOTION to Stay Answer Deadline and For Entry of a Scheduling Order filed by State of Iowa, State of Kansas, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of South Carolina, State of South Dakota, State of Utah, State of West Virginia, State of Texas, State of Alaska, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana (Attachments: # 1 Proposed Order) (Walters, Ryan) (Entered: 11/22/2024)

1 Proposed Order

View on RECAP

Nov. 22, 2024

Nov. 22, 2024

RECAP
25

ORDER granting 24 Motion to Stay Answer Deadline and for Entry of Agreed Scheduling Order. (Ordered by Senior Judge Sam R Cummings on 12/3/2024) (bmh) (Entered: 12/03/2024)

Dec. 3, 2024

Dec. 3, 2024

RECAP
26

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15110053) filed by State of Louisiana (Attachments: # 1 Certificate of Good Standing) (Aguinaga, Jorge) (Entered: 12/06/2024)

Dec. 6, 2024

Dec. 6, 2024

PACER
27

ORDER granting 26 Application for Admission Pro Hac Vice of J. Benjamin Aguinaga. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sam R Cummings on 12/9/2024) (bdg) (Entered: 12/09/2024)

Dec. 9, 2024

Dec. 9, 2024

RECAP
28

Administrative Record consisting of Certified List of Contents of Administrative Record for Final Rule filed by Xavier Becerra, United States Department of Health and Human Services. (Attachments: # 1 Certification, # 2 Index) (Lewis, John) (Entered: 12/15/2024)

1 Certification

View on RECAP

2 Index

View on RECAP

Dec. 15, 2024

Dec. 15, 2024

Clearinghouse
29

Unopposed MOTION to Withdraw as Attorney Jacob Przada, Unopposed MOTION to Substitute Attorney, added attorney Zachary Louis Rhines for State of Texas. Motion(s) filed by State of Texas (Attachments: # 1 Proposed Order)Attorney Zachary Louis Rhines added to party State of Texas(pty:pla) (Rhines, Zachary) Modified text on 12/23/2024 (bdg). (Entered: 12/20/2024)

Dec. 20, 2024

Dec. 20, 2024

PACER
30

NOTICE of Attorney Appearance by Abhishek Kambli on behalf of State of Kansas. (Filer confirms contact info in ECF is current.) (Kambli, Abhishek) (Entered: 12/20/2024)

Dec. 20, 2024

Dec. 20, 2024

PACER
33

Special Order No. 3-355: Effective December 31, 2024, the clerk is to reassign all Lubbock, Abilene, and San Angelo Division cases that are assigned to Senior District Judge Sam Cummings to Judge Wes Hendrix. This case has been reassigned pursuant to Special Order No. 3-355. (The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief District Judge David C Godbey on 12/23/2024) (rekc) (Entered: 12/31/2024)

Dec. 23, 2024

Dec. 23, 2024

RECAP
31

NOTICE of Attorney Appearance by Dylan L. Jacobs on behalf of State of Arkansas. (Filer confirms contact info in ECF is current.) (Jacobs, Dylan) (Entered: 12/27/2024)

Dec. 27, 2024

Dec. 27, 2024

PACER
32

ORDER granting 29 Motion to Withdraw as Attorney. Attorney Jacob Edward Przada terminated; granting 29 Motion to Substitute Attorney. Jacob Edward Przada no longer associated with this case. It is further ORDERED that Zachary L Rhines is SUBSTITUTED as lead counsel for Plaintiff the State of Texas going forward in the civil action. (Ordered by Senior Judge Sam R Cummings on 12/30/2024) (bdg) (Entered: 12/30/2024)

Dec. 30, 2024

Dec. 30, 2024

PACER

Order Receipt

Dec. 30, 2024

Dec. 30, 2024

***Clerk's Notice of delivery: (see NEF for details) Docket No:32. Mon Dec 30 11:31:19 CST 2024 (crt)

Dec. 30, 2024

Dec. 30, 2024

34

NOTICE of Attorney Appearance by Jason Altabet on behalf of Xavier Becerra, United States Department of Health and Human Services. (Filer confirms contact info in ECF is current.) (Altabet, Jason) (Entered: 01/10/2025)

Jan. 10, 2025

Jan. 10, 2025

PACER
35

Unopposed MOTION to Amend/Correct Scheduling Order filed by State of Iowa, State of Kansas, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of South Carolina, State of South Dakota, State of Utah, State of West Virginia, State of Texas, State of Alaska, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana (Attachments: # 1 Proposed Order) (Rhines, Zachary) (Entered: 01/10/2025)

1 Proposed Order

View on PACER

Jan. 10, 2025

Jan. 10, 2025

RECAP
36

ORDER granting 35 Motion to Amend/Correct. Plaintiffs' Cross-Motion for Summary Judgment due by 01/29/2025. Defendants' Combined Cross-Motion for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment due by 02/26/2025. Plaintiffs' Combined Opposition to Defendants' Cross-Motion for Summary Judgment and Reply to Defendants' Opposition due by 03/26/2025. Defendants' Reply to Plaintiffs' Opposition due by 04/23/2025. (Ordered by Judge James Wesley Hendrix on 1/14/2025) (bmh) (Entered: 01/14/2025)

Jan. 14, 2025

Jan. 14, 2025

RECAP
37

***DISREGARD- INCORRECT PDF ATTACHED- ATTORNEY WILL REFILE*** MOTION to Substitute Attorney, added attorney Christine Kimberly Pratt,Christine Kimberly Pratt for State of Florida. Motion filed by State of Florida Attorney Christine Kimberly Pratt added to party State of Florida(pty:pla) (Pratt, Christine) Modified text per attorney request on 1/16/2025 (bmh). (Entered: 01/15/2025)

Jan. 15, 2025

Jan. 15, 2025

PACER
38

MOTION to Substitute Attorney, added attorney Christine Kimberly Pratt. Motion filed by State of Florida (Pratt, Christine) (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

PACER
39

Administrative Record consisting of Administrative Record for Rule filed by Xavier Becerra, United States Department of Health and Human Services. (Attachments: # 1 Certification and Index, # 2 Part 1, # 3 Part 2, # 4 Part 3, # 5 Part 4, # 6 Part 5, # 7 Part 6, # 8 Part 7, # 9 Part 8, # 10 Part 9, # 11 Part 10, # 12 Part 11, # 13 Part 12, # 14 Part 13, # 15 Part 14, # 16 Part 15, # 17 Part 16, # 18 Part 17, # 19 Part 18, # 20 Part 19, # 21 Part 20, # 22 Part 21, # 23 Part 22, # 24 Part 23, # 25 Part 24, # 26 Part 25, # 27 Part 26, # 28 Part 27, # 29 Part 28, # 30 Part 29, # 31 Part 30, # 32 Part 31, # 33 Part 32, # 34 Part 33, # 35 Part 34, # 36 Part 35, # 37 Part 36, # 38 Part 37, # 39 Part 38, # 40 Part 39, # 41 Part 40, # 42 Part 41, # 43 Part 42, # 44 Part 43, # 45 Part 44, # 46 Part 45, # 47 Part 46, # 48 Part 47, # 49 Part 48, # 50 Part 49, # 51 Part 50) (Lewis, John) (Entered: 01/17/2025)

Jan. 17, 2025

Jan. 17, 2025

PACER
40

NOTICE of Withdrawal filed by Xavier Becerra, United States Department of Health and Human Services (Lewis, John) (Entered: 01/17/2025)

Jan. 17, 2025

Jan. 17, 2025

Clearinghouse
41

NOTICE of Attorney Appearance by Joseph Scott St. John on behalf of State of Utah. (Filer will update contact info in ECF.) (St. John, Joseph) (Entered: 01/17/2025)

Jan. 17, 2025

Jan. 17, 2025

PACER
42

ORDER granting 38 Motion to Substitute Attorney. Christine K. Pratt is substituted as counsel for the State of Florida. James H. Percival is relieved of his obligations and duties to this Court as counsel for the State of Florida in this case. (Ordered by Judge James Wesley Hendrix on 1/22/2025) (bmh) (Entered: 01/22/2025)

Jan. 22, 2025

Jan. 22, 2025

PACER
43

Unopposed MOTION to Stay All Deadlines filed by Xavier Becerra, United States Department of Health and Human Services (Attachments: # 1 Proposed Order) (Altabet, Jason) (Entered: 01/24/2025)

Jan. 24, 2025

Jan. 24, 2025

Clearinghouse
44

ELECTRONIC ORDER granting 43 Unopposed Motion for Stay of All Deadlines. The Court stays the current briefing schedule until further notice. Additionally, the Court orders the Defendants to meet and confer with Plaintiffs about how to proceed in this case and to file a Joint Status Report by February 25, 2025. (Ordered by Judge James Wesley Hendrix on 1/25/2025) (Judge James Wesley Hendrix) (Entered: 01/25/2025)

Jan. 25, 2025

Jan. 25, 2025

Order on Motion to Stay

Jan. 25, 2025

Jan. 25, 2025

45

NOTICE of Attorney Appearance by James Rodriguez on behalf of State of Kansas. (Filer confirms contact info in ECF is current.) (Rodriguez, James) (Entered: 01/29/2025)

Jan. 29, 2025

Jan. 29, 2025

PACER
46

Unopposed MOTION to Withdraw as Attorney Ryan D. Walters filed by State of Texas (Attachments: # 1 Proposed Order) (Rhines, Zachary) (Entered: 01/30/2025)

Jan. 30, 2025

Jan. 30, 2025

PACER
47

MOTION to Withdraw as Attorney filed by State of Kansas (Kambli, Abhishek) (Entered: 01/30/2025)

Jan. 30, 2025

Jan. 30, 2025

PACER
48

ORDER granting 46 Motion to Withdraw as Attorney. ; granting 47 Motion to Withdraw as Attorney. Walters and Kambli are relieved of their obligations and duties in this case as counsel for the States of Texas and Kansas, respectively. (Ordered by Judge James Wesley Hendrix on 2/3/2025) (bmh) (Entered: 02/03/2025)

Feb. 3, 2025

Feb. 3, 2025

RECAP
49

MOTION to Substitute Attorney, added attorney Stanford Purser,Stanford Purser for State of Utah. Motion filed by State of Utah (Attachments: # 1 Proposed Order)Attorney Stanford Purser added to party State of Utah(pty:pla) (Purser, Stanford) (Entered: 02/18/2025)

1 Proposed Order

View on RECAP

Feb. 18, 2025

Feb. 18, 2025

RECAP
50

Joint STATUS REPORT filed by State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Iowa, State of Kansas, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia. (Rhines, Zachary) (Entered: 02/19/2025)

Feb. 19, 2025

Feb. 19, 2025

Clearinghouse
51

ORDER granting 49 Motion to Substitute Attorney. Purser is appointed as lead counsel for the State of Utah in this case. Scott St. John is relieved of his obligations and duties in this case as counsel for the State of Utah. Scott St. John is to be removed from all notifications and correspondence in this case. (Ordered by Judge James Wesley Hendrix on 2/20/2025) (bdg) (Entered: 02/20/2025)

Feb. 20, 2025

Feb. 20, 2025

RECAP
52

ORDER: The Court agrees. The briefing schedule will remain stayed. The parties are ordered to file another Joint Status Report no later than April 21, 2025. (Ordered by Judge James Wesley Hendrix on 2/20/2025) (bdg) (Entered: 02/20/2025)

Feb. 20, 2025

Feb. 20, 2025

RECAP
53

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15281884) filed by State of South Dakota (Attachments: # 1 Exhibit(s) Certificate of Good Standing)Attorney Jonathan K Van Patten added to party State of South Dakota(pty:pla) (Van Patten, Jonathan) (Entered: 02/20/2025)

Feb. 20, 2025

Feb. 20, 2025

PACER
54

MOTION to Withdraw as Attorney Aaron D Salberg filed by State of South Dakota (Van Patten, Jonathan) (Entered: 02/21/2025)

Feb. 21, 2025

Feb. 21, 2025

PACER
55

ORDER granting 53 Application for Admission Pro Hac Vice of Jonathan Van Patten. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 2/24/2025) (bmh) (Entered: 02/24/2025)

Feb. 24, 2025

Feb. 24, 2025

PACER
56

ORDER granting 54 Motion to Withdraw as Attorney. Attorney Aaron Dean Salberg terminated. Salberg is relieved of his obligations and duties in this case as counsel for the State of South Dakota. (Ordered by Judge James Wesley Hendrix on 2/25/2025) (bmh) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

PACER
57

NOTICE of Attorney Appearance by Allen Huang on behalf of State of Florida. (Filer confirms contact info in ECF is current.) (Huang, Allen) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER
58

NOTICE of Attorney Appearance by Autumn Hamit Patterson on behalf of State of Arkansas. (Filer confirms contact info in ECF is current.) (Patterson, Autumn) (Entered: 03/12/2025)

March 12, 2025

March 12, 2025

PACER
59

Joint STATUS REPORT filed by State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Iowa, State of Kansas, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia. (Rhines, Zachary) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

Clearinghouse
60

ORDER: The briefing schedule will remain stayed. Barring any new developments in the case, the parties are ordered to file another Joint Status Report no later than July 21,2025. (Ordered by Judge James Wesley Hendrix on 4/21/2025) (bmh) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

RECAP
60

ORDER: The briefing schedule will remain stayed. Barring any new developments in the case, the parties are ordered to file another Joint Status Report no later than July 21,2025. (Ordered by Judge James Wesley Hendrix on 4/21/2025) (bmh) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

RECAP
60

ORDER: The briefing schedule will remain stayed. Barring any new developments in the case, the parties are ordered to file another Joint Status Report no later than July 21,2025. (Ordered by Judge James Wesley Hendrix on 4/21/2025) (bmh) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

RECAP
61

Unopposed MOTION to Withdraw as Attorney filed by State of Alaska (Attachments: # 1 Proposed Order) (Robison, Christopher) (Entered: 06/25/2025)

June 25, 2025

June 25, 2025

PACER
62

ELECTRONIC ORDER granting 61 Motion to Withdraw as Attorney. Attorney Christopher A Robison terminated (Ordered by Judge James Wesley Hendrix on 6/26/2025) (chmb) (Entered: 06/26/2025)

June 26, 2025

June 26, 2025

Order on Motion to Withdraw as Attorney

June 26, 2025

June 26, 2025

Order on Motion to Withdraw as Attorney

June 26, 2025

June 26, 2025

Order on Motion to Withdraw as Attorney

June 26, 2025

June 26, 2025

63

Unopposed MOTION to Extend Time To File Joint Status Report filed by Xavier Becerra, United States Department of Health and Human Services (Attachments: # 1 Proposed Order) (Altabet, Jason) (Entered: 07/03/2025)

1 Proposed Order

View on PACER

July 3, 2025

July 3, 2025

RECAP
64

ELECTRONIC ORDER granting 63 Motion to Extend Time. (Ordered by Judge James Wesley Hendrix on 7/7/2025) (chmb) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

Order on Motion for Extension of Time

July 7, 2025

July 7, 2025

65

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Louis J. Capozzi, Jr. (Filing fee $100; Receipt number ATXNDC-15667453) filed by State of Missouri (Attachments: # 1 Exhibit(s) Certificate of Good Standing)Attorney Louis Joseph Capozzi, III added to party State of Missouri(pty:pla) (Capozzi, Louis) (Entered: 07/21/2025)

July 21, 2025

July 21, 2025

PACER
66

ELECTRONIC ORDER granting 65 Application for Admission Pro Hac Vice of Louis J. Capozzi. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 7/22/2025) (chmb) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

67

MOTION to Withdraw as Attorney filed by State of Missouri (Attachments: # 1 Proposed Order) (Divine, Joshua) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

PACER

Order on Application for Admission Pro Hac Vice

July 22, 2025

July 22, 2025

68

ELECTRONIC ORDER granting 67 Motion to Withdraw as Attorney. (Ordered by Judge James Wesley Hendrix on 7/23/2025) (chmb) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

Order on Motion to Withdraw as Attorney

July 23, 2025

July 23, 2025

69

Joint STATUS REPORT filed by State of Texas. (Rhines, Zachary) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

Clearinghouse
70

ORDER: Before the Court is the parties' fifth Joint Status Report. Dkt. No. 69. In the report, the parties again state that the [d]Jefendants continue to evaluate their position in light of the President's recent Executive Order, and they ask that the Court not disturb the current stay of briefing deadlines. The Court agrees. The briefing schedule will remain stayed. Barring any new developments in the case, the parties are ordered to file another Joint Status Report no later than October 27, 2025. (Ordered by Judge James Wesley Hendrix on 8/5/2025) (cjd) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

Clearinghouse
71

MOTION to Withdraw as Attorney filed by State of Florida (Huang, Allen) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

PACER
72

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15895919) filed by State of South Dakota Attorney Grant Michael Flynn added to party State of South Dakota(pty:pla) (Flynn, Grant) (Entered: 10/07/2025)

Oct. 7, 2025

Oct. 7, 2025

PACER
73

MOTION to Withdraw filed by State of South Dakota (Flynn, Grant) (Entered: 10/07/2025)

Oct. 7, 2025

Oct. 7, 2025

RECAP
74

ORDER granting 72 Application for Admission Pro Hac Vice of Grant M. Flynn. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 10/22/2025) (bmh) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

PACER
75

ORDER GRANTING PLAINTIFF STATE OF FLORIDAS MOTION TO WITHDRAW : ORDER granting 71 Motion to Withdraw as Attorney. Attorney Allen Huang terminated. The State of Florida will continue to be represented by Christine Pratt in this case. (Ordered by Judge James Wesley Hendrix on 10/23/2025) (bmh) (Entered: 10/23/2025)

Oct. 23, 2025

Oct. 23, 2025

PACER
76

ORDER GRANTING PLAINTIFF STATE OF SOUTH DAKOTAS MOTION TO WITHDRAW: ORDER granting 73 Motion to Withdraw. The State of South Dakota will continue to be represented by Grant M. Flynn in this case. Jonathan Van Patten is relieved of his obligations and duties to this Court as counsel for the State of South Dakota in this case. (Ordered by Judge James Wesley Hendrix on 10/23/2025) (bmh) (Entered: 10/23/2025)

Oct. 23, 2025

Oct. 23, 2025

PACER
77

Joint STATUS REPORT filed by State of Texas. (Tebo, Kyle) (Entered: 10/27/2025)

Oct. 27, 2025

Oct. 27, 2025

RECAP
78

Status Report Order

Oct. 31, 2025

Oct. 31, 2025

PACER
79

Order of Dismissal or Administrative Closure

Oct. 31, 2025

Oct. 31, 2025

RECAP

Case Details

State / Territory:

Texas

Case Type(s):

Disability Rights

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Transgender Healthcare Access Cases

Trump Administration 2.0: Litigation and Investigations Involving the Government

Trump Administration 2.0: Reversing Course on Existing Litigation

Key Dates

Filing Date: Sept. 26, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

State of Texas and others.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

US Department of Health and Human Services (HHS), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Spending/Appropriations Clauses

Other Dockets:

Northern District of Texas 5:24-cv-00225

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination Basis:

Disability (inc. reasonable accommodations)

Gender identity