Disability Rights Watch

Category: Medicine

Information about medical rights.

  • Week 7 Updates

    Week 7 Updates

    1. Linda McMahon confirmed, prepares to gut DoED. The Senate confirmed Linda McMahon to her post as Secretary of the Department of Education. Almost immediately she sent out an email to all employees titled, “Our Department’s Final Mission” detailing her desire to emphasize patriotism and vocational skills in American education, while simultaneously dismantling federal oversight. Trump was due to sign an EO aimed at gutting the dept on Thursday, but delayed due to unpopularity. (Keep it up!)
    2. Musk calls people who receive government assistance the “parasite class.” Musk posted on X referring to people who receive Social Security or government assistance as the “parasite class.” The comment comes as DOGE seeks to gut the Social Security Administration and the GOP sets its sights on Medicaid funding.

      Dehumanizing rhetoric, especially referring to people as animals, is Stage 4 in the Ten Stages of Genocide. In the lead up to the Rwandan genocide, the Tutsis were called “cockroaches”; in Germany, Nazis called Jews “vermin,” disabled people “useless eaters,” and more.
    3. Executive Order “Designating English as the Official Language of the US”. The EO declares English the US’s official language and revokes the Clinton EO, “Improving Access to Services for Persons with Limited English Proficiency,” Individual agencies can now choose whether they want to provide materials in other languages.

      The changes may have dangerous impacts for those needing medical and legal interpreters, as well as educational impacts for English language learners. Section 504 and the still ADA protect the right to ASL interpreters, but procuring funding may be more complicated, (and the 504 lawsuit even more consequential).
    4. DOGE Takes Aim at Social Security Administration. Workers inside the Social Security Administration (SSA) said DOGE have been controlling their computer access for weeks, including internet access to outside news websites. A new plan aims to cut 12% of the workforce, or about 7,000 people, though more are expected to be driven out by stressors. The SSA workforce was already stretched thin, operating at a 50-year low.

      Musk called social security a “Ponzi scheme” and alleged massive fraud. However, American workers pay into Social Security to receive their retirement benefits, and there is no evidence of widespread fraud. 70 million retired and disabled Americans depend on Social Security benefits. They layoffs may cause payment delays and make it harder to access SSA offices, helplines, and more.
    5. More Attacks on Veterans Affairs, Employment. The Department of Veterans Affairs announced a major overhaul this week, with a goal to lay off approximately 80,000 workers. The plan is sure to disrupt veterans’ healthcare, hospitals, mental health services, and other benefits, as well as lay off many veterans in the process–the federal government is also the number one employer of disabled veterans across many agencies.

      In discussing the potential layoffs, Alina Habbas, one of the President’s lawyers, said, that those veterans affected may not be “fit to have a job at this moment.”
    6. RFK Jr. waffles on vaccines as US Sees 2nd measles death. RFK Jr. Released an Op-Ed on Fox News that appeared to encourage people to get vaccinated against the measles as the outbreak surged in Texas and cases appeared on the east coast. Others say RFK’s views are unchanged, and his mention of “therapeutic treatments” in addition to vaccines is a dog-whistle to antivax followers.

      Under Kennedy, the CDC announced a new large-scale study into vaccines and autism on Friday. The topic has already been thoroughly studied, with no link found. Increased rates of autism in children are attributed to better screenings.
    7. Eugenics and “Race Science” conference to convene in Texas. The 2nd annual “Natal Conference” will take place at University of Texas at Austin’s AT&T Conference Center on March 27-28th. “Natalism” is philosophy that believes in the importance of childbearing for social (or religious) reasons, and thus advocates for a high birthrate.

      Eugenics and “race science” are strains of pseudoscience founded in the belief that humanity can be “improved” through selective breeding. Typically, these ideas are used to reinforce racist stereotypes and ableism. Various far-right and neofascist influencers are slated to speak. Musk has also been invited.
    8. Texas v. Beccera lawsuit continues. Attorneys General continue to use transphobic rhetoric to attack Final Rule and Section 504. Participants continue to say they do not want to dismantle disabled people’s rights, but have not revoked the original filing, which explicitly asks for 504 to be declared unconstitutional (p 37-42).

      504 protects disabled people’s rights in all spaces that receive federal funding, but could have major implications for those needing interpreters in hospitals in light of the new English EO. The next update is due in April.

    Action Items
    Share this info. Disability is often lost in mainstream coverage.

    • Call your Rep. and tell them NO cuts to Medicaid/SNAP and Veterans’ care, and YES to the Dept. of Education Protection Act.
    • Call your Rep. and Senators and remind them that Social Security is *our* money, not Musk’s.
    • Protest U of T’s hosting of the upcoming racist and eugenicist conference.
    • Make sure your vaccines are up to date, especially if you may have received an inactive virus version of the MMR vaccine from 1963-67, which was found to be ineffective.
    • If your state is involved, contact your Attorney General and ask them to withdraw from Texas v. Beccera. Tell them you stand in solidarity with disabled people, and trans folks.

  • What’s the Deal with the Section 504 Lawsuit?

    What’s the Deal with the Section 504 Lawsuit?

    ID: ASL interpreted version of DREDF Texas vs. Beccera, courtesy DREDF.org

    Section 504 is a civil rights statute that says any entity that gets money from the federal government (funding, grants, etc.) cannot discriminate on the basis of disability. It is part of the Rehabilitation Act of 1973 law. This protection impacts education, healthcare, immigration services, child services, emergency services, clinical research, private companies who get federal grants, and all federal agencies and buildings.

    Many people are most familiar with Section 504 through the use of 504 Plans to support disabled students at school. 504 Plans provide accommodations in public school settings like ASL interpreters, closed captions, ramps, preferential seating, extra time on tests, quiet testing environments, access to braille, audiobooks, FM systems, speech-to-text and AAC devices, and more.

    Section 504 is a kind of statute known as a “spending clause.” There are also other civil rights spending clauses that protect people from discrimination on the basis of race and sex.

    In 2024, the Department of Health and Human Services (HHS) issued some updated guidance on Section 504. These are called the “Final Rule.” The pandemic revealed extreme inequities in healthcare remain–like hospitals denying lifesaving care on the basis of disability–so the Final Rule clarified who must follow 504, and what it means in the time of the internet. The Final Rule says 504 protection covers include all doctors and healthcare offices that accept Medicaid or Medicare, and their medical equipment, telehealth and websites. It also impacts programs for child services and independent living.

    What is Texas vs. Becerra?

    Texas vs. Becerra is a lawsuit with two main parts. One part asks the judge to strike down the Final Rule. The other part asks the judge to declare Section 504 as a whole unconstitutional and stope its enforcement.

    Isn’t There Something to Do with Trans Folks in the Suit?

    Sort of! The TLDR is that biased Attorneys Generals are using transphobia as a cover to get others to join in on their ableism. Jump down to the last section on this page to read more about the misconceptions.

    What Would Happen if These States Win?

    If the states succeed in striking down the Final Rule, disabled people’s enumerated protections under 504 will be taken back to what they were fifty years ago, without accounting for the internet, mobile devices, pandemic healthcare and more. Disabled people’s rights to live independently in-community would be impacted.

    If the states succeed in having the entirety of Section 504 declared unconstitutional, all protections will be lost, including in education.

    504 and the ADA, as well as other protective spending clauses, are linked in the way they’re enforced, so striking down 504 could endanger the enforcement mechanisms of the ADA as well.

    This would also be a dangerous legal precedent for other spending clauses, like anti-race and sex based discrimination. It could set the stage for those protections to be declared unconstitutional, too.

    Take Action: What Can We Do?

    Seventeen states are currently signed on to Texas vs. Beccera.

    Image of the US with involved states in pink. MT, UT, SD, NE, KS, TX, AK, LA, AR, MO, IN, AL, GA, FL, SC,WV. Image courtesy DREDF,org

    If you live in one of the 17 states signed onto this case, contact your Attorney General today. Let them know attacking the Final Rule and Section 504 is not ok, and ask them to drop out of the lawsuit. Here are scripts you can use while contacting your AG.

    If you don’t live in one of these states, you can still contact your Attorney General. Progressive AGs can watch this litigation, file an amicus brief and more.

    Here is contact information for all 50 Attorneys General

    What if my Attorney General Tells me the Case is Inactive, or Doesn’t Really Attack Section 504?

    Push back on misinformation and disinformation!

    “This is a case about gender dysphoria.” The preamble to the Final Rule document mentions the ongoing legal inquiry into whether gender dysphoria can be classified a disability. There are currently several other court cases examining this question, and courts are split on it. The original 504 statute does not protect folks with gender dysphoria, and though Final Rule discussions mention the ongoing question in the courts, it makes no enforceable determination, or policy guidance within the text of Final Rule itself. This is political spin used to rally conservatives to the suit. However, it is important to note that there are trans disabled folks, and that the disability community stands with all LGBTQ+ folks. You can read HHS’s Final Rule document here.

    “This case only takes issue with a small part of the Rule.” The suit has multiple parts. One part attacks the Final Rule, and one part explicitly asks the judge to declare all of Section 504 unconstitutional. Point your AG to page 37 of the complaint, under the heading “Count 3: Section 504 is Unconstitutional.” The full text of the complaint is here.

    “The case is inactive.” The case is not inactive. The case has been paused until February 25th, 2025 in the wake of the new administrative transition. The DOJ and other involved parties are required to provide a status update on that day.

    Screenshot of pg 37 of the complaint with the header “Count 3: Section 504 is Unconstitutional”

    Need to fact-check something else? Disability Rights and Education Defense Fund has a great FAQ document here, as well as many other resources about this and other attacks on their site: www.dredf.org


    Spread the Word!

    The media isn’t reporting much on this case. Download our flyer and share it, especially offline. Disability affects people of every race, class, age, sex, gender, national origin, political affiliation and religion. People who aren’t spending much time on social media also need this info, and we are all stronger together.

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