USA Today

In a recent joint status report, the Republican state attorneys general, the U.S. Department of Health and Human Services and its Sec. Robert F. Kennedy Jr. clarified they don’t want to see the law entirely overturned or declared unconstitutional “on its face” – but they are concerned about the way the law is enforced. Despite the new development in the case, some disability experts say the lawsuit poses a serious threat to the federal disabilities law and the outcome of the case could still lead to the law getting overturned. Shira Wakschlag, a senior director of legal advocacy and general counsel of a national nonprofit organization that serves people with intellectual and developmental disabilities called The Arc, says the lawsuit is “still very much alive” because it has not been amended or withdrawn. The original lawsuit stating Section 504 is “unconstitutional” is what’s before the judge in the case – sparking worry, she said.