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

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Case Summary

This is a federal lawsuit brought by Republican state attorneys general against the Biden Administration's updated disability discrimination regulation, challenging two aspects of that rule--one potentially allowing discrimination protections for transgender individuals and the other setting out parameters for application of the statutory "integration mandate." The states claimed that these two aspects of the rule violated the Administrative Procedures Act and that they, and the entirety of Sec…

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”). Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance, 89 Fed. Reg. 40,066, 40,068–69 (May 9, 2024) (“Final Rule”). This case--brought by the states of Texas, Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Utah, and West Virginia--was filed September 26, 2024 in the U.S. District Court for the Northern District of Texas.

The rule itself was a major piece of regulation, but the challenges were limited. There were two pieces:

First, the States pointed to the preamble of the Department’s Notice of Proposed Rulemaking, which as part of its analysis of §84.4(g), Exclusions, included a discussion of section 504’s exclusion from the category of "disability" of gender identity disorders not resulting from physical impairments, and a recent Fourth Circuit case, Williams v. Kincaid, 45 F.4th 759 (4th Cir. 2022), cert. denied, 600 U.S. ___ (June 30, 2023). The 4th Circuit had concluded that gender dysphoria can, under some circumstances, be a disability under section 504 and the ADA. In the NPRM, the Department agreed that restrictions that prevent, limit, or interfere with otherwise qualified individuals’ access to care due to their gender dysphoria, gender dysphoria diagnosis, or perception of gender dysphoria may violate section 504. In the Final Rule, the Department did not alter this approach, stating,

"The Department will approach gender dysphoria as it would any other disorder or condition. Such an inquiry is necessarily a fact-based, individualized determination but the Department agrees with the Fourth Circuit that gender dysphoria can satisfy this standard. A determination in an individual situation that gender dysphoria is a physical or mental impairment is, of course, not the end of the question. It must then be determined whether the impairment substantially limits any major life activity. Depending on that analysis, gender dysphoria may rise to the level of a disability under section 504 and would provide protection against discrimination in programs or activities funded by HHS that is prohibited by section 504."

The States argued that this was illegally in excess of HHS's statutory authority.

The States' second challenge was to the Final Rule's integration mandate, under which the states, as recipients of federal financial assistance, were required to “administer a program or activity in the most integrated setting appropriate to the needs of a qualified person with a disability." "Most integrated setting" was defined as "a setting that provides individuals with disabilities the opportunity to interact with nondisabled persons to the fullest extent possible. These settings provide opportunities to live, work, and receive services in the greater community, like individuals without disabilities; are located in mainstream society; offer access to community activities and opportunities at times, frequencies and with persons of an individual’s choosing; and afford individuals choice in their daily life activities." 89 Fed. Reg. at 40,183. HHS said that this definition was a settled application of the Supreme Court's approach to integration in Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581 (1999), but the States disagreed. They argued that the Final Rule was too tight generally, and particularly in its coverage of not just "unnecessary segregation" but also "serious risk of such segregation." 45 C.F.R. 84.76(d).
In addition, the states argued that the entirety of Section 504 violated the Constitution's Spending Clause, because it failed to provide clear notice of its requirement to recipients of federal funding.

The case filed September 26, 2024; it 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. As of January 9, 2025, there had been no significant developments.

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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)

Corrigan, Christian Brian (Texas)

Divine, Joshua (Texas)

Attorney for Defendant

Attorney for Plaintiff

Aguinaga, Jorge Benjamin (Texas)

Barta, James A (Texas)

Bronni, Nicholas J (Texas)

Corrigan, Christian Brian (Texas)

Divine, Joshua (Texas)

Jacobs, Dylan L. (Texas)

John, Scott St (Texas)

Jr, James Emory (Texas)

Jr, Peter Martin (Texas)

Jr, Edmund Gerard (Texas)

Kambli, Abhishek (Texas)

Percival, James H. (Texas)

Petrany, Stephen John (Texas)

Przada, Jacob Edward (Texas)

Rhines, Zachary Louis (Texas)

Robison, Christopher A (Texas)

Russell, Laura O'Neil (Texas)

Salberg, Aaron Dean (Texas)

Strobl, Grant (Texas)

Tebo, Kyle (Texas)

Walters, Ryan Daniel (Texas)

Wessan, Eric H (Texas)

Williams, Michael Ray (Texas)

Attorney for Defendant

Lewis, John T. (Texas)

Attorney Contact Information via CourtListener

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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

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Resources

Title	Description		External URL Date / External URL
Final rule: Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance U.S. Department of Health and Human Services	To provide clarity for recipients and beneficiaries and to promote compliance, the Department is amending its existing section 504 regulation on nondiscrimination obligations for recipients of Federa…	May 9, 2024	May 9, 2024 https://www.govinfo.gov/...

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Docket

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

Last updated Jan. 9, 2025, 9:52 a.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
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
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
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 Clearinghouse	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
	***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 PACER