Author’s note: I originally posted The Post and Courier’s reporting in a Bluesky thread. I’ve brought the information here to provide additional context and links related to the lawsuit.
A change in plans
The Post and Courier reported South Carolina Attorney General Alan Wilson will withdraw from Texas v. Becerra if the lawsuit itself is not withdrawn.
A snippet from the updated February 13, 2025 article (archive link):
An executive order last month from President Donald Trump saying agencies must remove all policies that “inculcate” ideology around gender dysphoria has made the lawsuit unnecessary, Wilson spokesman Robert Kittle told The Post and Courier by email on Feb. 13.
[…]
“We’re talking to other states, and we expect the lawsuit to be withdrawn,” [Robert] Kittle wrote. “But if for some reason it’s not, Attorney General Wilson will withdraw from it.”
The Post and Courier also reported Wilson’s office said it only meant to target the new rule which was finalized May 9, 2024 and went into effect July 8, 2024.
The context
South Carolina is one of 17 in the group of states suing to overturn Section 504 and challenging the new rule.
More background on the new rule, titled Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance, can be viewed on the Federal Register: 89 FR 40066 (short for Federal Register Volume 89 page 40066).
The current version of the rule can be viewed in the Code of Federal Regulations: 45 CFR Part 84. It’s also possible to view the rule on the day Texas v. Becerra was filed: 45 CFR Part 84 (Sept. 26, 2024).
It’s worth noting that as of February 12, 2025, the new rule does not mention the phrase “gender dysphoria” according to a search for the term within Title 45.