As Texas attorney general, Ken Paxton led the multistate lawsuit against the federal Section 504 disability rule that ended on September 23, 2026, when a court vacated the rule's provisions directing states to serve people with disabilities in their communities rather than in nursing homes and institutions. The Justice Department switched sides to join Texas and four other states in asking for that result.
Paxton also urged the Senate to confirm Pam Bondi as attorney general, and under her the Justice Department's disability enforcement fell by about 85 percent in a year. He praised Trump's order to close the Education Department, whose civil rights office dismissed thousands of complaints, and the One Big Beautiful Bill Act, whose Medicaid cuts put home care for people with disabilities at risk in Texas, where 194,316 people were already waiting for it in 2026.
Ken Paxton's Lawsuit and Statements on Disability Rights
- Paxton's Section 504 Lawsuit Ended With Federal Protections Against Unneeded Institutionalization Vacated. On September 26, 2024, Ken Paxton led a multistate suit against the U.S. Department of Health and Human Services over its Section 504 disability rule, and the case began when 17 Republican-led states sued. The states later amended their complaint to ask the court to strike down the rule's requirement that states provide disabled people services in their communities whenever possible, and by September 2026 five remained: Alaska, Florida, Louisiana, Montana and Texas. After the Trump administration switched sides and agreed with the states that the requirement should be undone, the court on September 23, 2026 granted a joint motion filed by the Department of Justice and the plaintiffs and vacated the entire integration provision, which includes specific prohibitions against segregation and institutionalization. Florida Phoenix reports that disabled people may have to go to greater lengths, including suing states, to get services if they are denied them. Section 504, the Americans with Disabilities Act and the Supreme Court's Olmstead decision still apply.
- Paxton Urged Pam Bondi's Confirmation; Her Justice Department Cut Disability Enforcement by About 85 Percent. On December 3, 2024, Ken Paxton signed a letter of attorneys general urging the Senate to swiftly confirm Pam Bondi as the next United States Attorney General, calling her "a superb choice to serve our nation and the public interest." During the first year of the Trump administration, with Bondi as attorney general, the Civil Rights Division's own website reflected an approximately 85 percent reduction of disability-related enforcement activity compared with the prior year, according to Red Line for Civil Rights, a tracker run by former Justice Department lawyers. Its Disability Rights Section remains without a Section Chief, after political leadership pushed out the long-time Section Chief in April 2025. Florida Phoenix reports that the department has also dropped out of a long-running case centered on claims Texas has been illegally placing thousands of disabled people in nursing homes.
- Paxton Praised the Order to Close the Education Department as Disability Complaints Were Dismissed. On March 20, 2025, Ken Paxton posted "I'm proud to stand with @POTUS as he returns education back to the states" as President Trump signed an executive order instructing Education Secretary Linda McMahon to begin dismantling the Department of Education. Before Trump took office, about 12,000 complaints were pending before the department's Office for Civil Rights, more than half concerning students with disabilities. The office then dismissed more than 6,000 complaints without an investigation and shut seven of its regional offices, including the Dallas office that was handling every civil rights complaint coming out of Texas.
- Paxton Praised the Law Whose Medicaid Cuts Put Home Care for People With Disabilities at Risk. Ken Paxton posted on July 1, 2025 that the Senate-passed bill was "One step closer to massive tax cuts," and on July 3, 2025 that "President Trump's Big Beautiful Bill is HISTORIC legislation." The law cuts the federal Medicaid money that pays for home and community-based care, which the Bipartisan Policy Center notes is largely an optional Medicaid benefit. Experts expect the law will slow or reverse recent HCBS expansion efforts in states, the center reports, and in nearly 30 states limits on hours or visits, reduced provider payment rates, and new or lower spending caps have been enacted or proposed.
What Ken Paxton's Disability Record Means for Texans With Disabilities
- Home care waiting lists. In 2026, 194,316 Texans were on interest lists for Medicaid home and community-based services, and Texas does not screen people on those lists for eligibility, KFF reports.
- Special education oversight. Texas schools receive about $1.3 billion a year in federal special education funds, and disability advocates told the Texas Tribune they have counted on federal oversight to hold Texas accountable.
Frequently Asked Questions About Ken Paxton on Disability rights
What is Ken Paxton's record on disability rights under Trump?
Ken Paxton led the Section 504 lawsuit that ended in September 2026 with the federal rule's integration provisions vacated after the Trump Justice Department joined the states. He urged Pam Bondi's confirmation as attorney general, and the Justice Department's disability enforcement dropped sharply in her first year. He also praised the order to close the Education Department and the One Big Beautiful Bill Act, whose Medicaid cuts put home care at risk.
Did Ken Paxton sue to overturn a disability rights rule?
Yes. Ken Paxton led the 2024 lawsuit, Texas v. Becerra, now Texas v. Kennedy, against the Department of Health and Human Services' Section 504 rule, and his office's announcement focused on the rule's treatment of gender dysphoria as a disability. The case ended on September 23, 2026 with the rule's integration provisions vacated on a joint motion by the Justice Department and the five remaining states.
Does the Section 504 ruling end the right of people with disabilities to live in their communities?
No. The ruling in Ken Paxton's case vacated the provisions of the federal regulation, while Section 504, the Americans with Disabilities Act and the Olmstead decision still apply, LeadingAge notes. LeadingAge, which represents nonprofit aging-services providers, said it is concerned about the ability of older adults with disabilities to continue to receive services in their communities.
Last updated: 2026-10-25