07/29/2026
RESOLUTION 2026-01 Regarding an Immediate Motion to Dismiss Texas v. Kennedy
WHEREAS, Section 504 of the Rehabilitation Act of 1973 is a landmark civil rights statute for people with disabilities, protecting us from discrimination by federal agencies and recipients of federal funding in public education, work readiness programs, healthcare, elections, the court system, and more; and
WHEREAS, in 2024, seventeen states’ attorneys general filed a lawsuit known as Texas v. Kennedy alleging that Section 504 is unconstitutional and should be entirely or partially enjoined, limiting it only to those programs, services, and activities directly funded by and through the Rehabilitation Act of 1973; and
WHEREAS, on January 23, 2026, the states of Texas, Alaska, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, and South Dakota, in an amended complaint, renewed their attack on Section 504 of the Rehabilitation Act of 1973 and the integration mandate stemming from the United States Supreme Court’s interpretation of that law in the landmark case of Olmstead v. l.C.; and
WHEREAS, in the updated lawsuit, the nine states asked the court to: declare Section 504 as unlawful, stop the Department of Health and Human Services from enforcing Section 504, and stop the Department of Health and Human Services from enforcing the integration mandate; and
WHEREAS, on February 12, to defend the rights of all blind Americans, the presidents of the National Federation of the Blind affiliates in each of the nine plaintiff states in the lawsuit sent a joint letter to each of their attorneys general to advocate for the withdrawal of the states from the suit; and
WHEREAS, on March 19, the National Federation of the Blind issued an advocacy alert to all members of the Federation to contact the attorneys general in each of the nine plaintiff states to advocate for the withdrawal of the states from the suit; and
WHEREAS, due to the advocacy of the National Federation of the Blind, on May 4, the attorney general of Indiana withdrew the Hoosier State as a plaintiff in the suit, bringing the total number of plaintiff states down to eight; and
WHEREAS, due to the advocacy of the National Federation of the Blind, on May 12, the attorney general of South Dakota withdrew the Mount Rushmore State as a plaintiff in the suit, bringing the total number of plaintiff states down to seven; and
WHEREAS, due to the advocacy of the National Federation of the Blind, on June 10, the attorney general of Kansas withdrew the Sunflower State as a plaintiff in the suit, bringing the total number of plaintiff states down to six; and
WHEREAS, if the remaining plaintiffs’ demands are granted, it will have a devastating effect on blind Americans’ rights to effective communication and reasonable accommodation in connection with government programs, services, and activities, including but not limited to education, employment, housing, healthcare, and other forms of civic life; and
WHEREAS, a separate but equally devastating effect of the lawsuit would be the threat of forced institutionalization for blind and other disabled Americans into sheltered workshops, nursing homes, and other institutions: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention assembled this seventh day of July, 2026, in the city of Austin, Texas, that this organization condemn and deplore Texas and the five remaining plaintiff states for their role in persevering with the Texas v. Kennedy lawsuit; and
BE IT FURTHER RESOLVED that this organization immediately call upon Texas Attorney General Ken Paxton to move to dismiss the Texas v. Kennedy lawsuit because of the far-reaching and harmful effects the lawsuit could have on the lives of blind and other disabled Americans; and
BE IT FURTHER RESOLVED that this organization call upon the attorneys general of Alaska, Florida, Louisiana, Missouri, and Montana to immediately withdraw from the Texas v. Kennedy lawsuit; and
BE IT FURTHER RESOLVED that this organization commend Todd Rokita, Marty Jackley, and Kris Kobach, the attorneys general of Indiana, South Dakota, and Kansas, respectively, for withdrawing their states from the Texas v. Kennedy lawsuit.