The attorney general is the people of West Virginia’s lawyer, and your lawyer is lying to you.
Last year, then-Attorney General Patrick Morrisey joined a multi-state lawsuit against the federal government over Section 504 of the Rehabilitation Act — federal law that prohibits discrimination against people with disabilities in programs that receive federal funding, notably public schools.
Parents and advocates for disability rights criticized our state's involvement, drawing attention to the many ways a win in this case would be a disaster for people with disabilities.
In response to the backlash, current Attorney General J.B. McCuskey issued a statement saying that “[t]he lawsuit was aimed at removing [politically-motivated language], in order to protect 504 as a whole and the children who rely on it.”
This is a bold-faced lie.
While the lawsuit does take issue with updated language protecting trans kids under the scope of 504, it also states that “Section 504 is Unconstitutional," and asks the court to permanently bar the federal government from enforcing Section 504 entirely (see pages 37 and 42). McCuskey and the attorneys general from 16 other states are so focused on harming trans kids, they are willing to hurt disabled children as well.
McCuskey is now backpedaling, saying the lawsuit is likely to be dismissed. But hoping that our state loses a lawsuit is not enough. If McCuskey really cares about section 504 and kids with disabilities, he’ll withdraw West Virginia as a plaintiff.
Now, we as a state are stuck in a lose-lose situation: either we lose a case that our state has brought, wasting untold tax dollars for its unsuccessful litigation, or we win a case and lose legal protections on which many West Virginians rely.
And despite the fact this case was brought in September 2024 by now-Governor Patrick Morrisey, McCuskey has a chance to set this right.
Call his office (304-558-2021) and tell him that this lawsuit is bad for West Virginia. Ask him why hurting trans kids is so important to him. Ask him to withdraw West Virginia from Texas v. Becerra today.