Federal Lawsuit Challenges Disability Discrimination Inside the Federal Judiciary Amid Renewed…

Federal Lawsuit Challenges Disability Discrimination Inside the Federal Judiciary Amid Renewed Federal Rollbacks of Section 504 Protections

Washington, D.C. — December 2025

A disabled federal litigant has filed a landmark civil action in the United States Court of Federal Claims, Lathus v. United States (Case No. 1:2025-cv-02071), alleging systemic disability discrimination within the federal judiciary itself—raising urgent constitutional questions about access to justice, equal protection, and the federal government’s obligations under disability-rights law.

The case arrives at a critical national moment, as the Department of Justice under the Trump administration has recently appealed court orders requiring accessibility accommodations—arguing, in one instance, that the presence of sign-language interpreters could harm the President’s “image.” These arguments have reignited concerns that long-standing disability protections under Section 504 of the Rehabilitation Act and related statutes are being actively narrowed or undermined at the federal level.

A Case About Access to Justice—Not Optics

The plaintiff in Lathus v. United States alleges that federal courts used procedural mechanisms—rather than lawful adjudication—to block a disabled litigant from meaningful participation in court proceedings. According to the complaint, instead of creating an accessible pathway as required by federal law, the system imposed procedural barriers that effectively denied access altogether.

At issue is not a single accommodation request, but whether disabled individuals can meaningfully access the federal courts at all when accommodation determinations are made without medical evidence, without trained evaluators, and without adherence to established disability-rights standards.

“This case asks a simple but foundational question,” the complaint states. “Does the constitutional right to petition the government and access the courts exist in practice for disabled Americans—or only in theory?”

Historical and Constitutional Significance

Legal experts note that this case could represent the next chapter in disability-rights jurisprudence following Tennessee v. Lane (2004), where the Supreme Court held that access to courts is a fundamental right protected by the Constitution and enforceable through disability-rights legislation.

While Lane addressed physical barriers such as courthouse stairs, Lathus v. United States challenges procedural exclusion—the modern equivalent of denying entry by policy rather than architecture.

If successful, the case could establish that:

• Federal courts are not exempt from disability-access obligations;
• Procedural exclusion can constitute unlawful discrimination;
• Courts may not substitute subjective judgment for medical or functional evidence;
• Denial of access to adjudication can violate the First and Fifth Amendments.

Broader Implications

The lawsuit also intersects with two pending Ninth Circuit appeals involving the same underlying access-to-justice issues, creating a rare convergence of appellate review and federal claims litigation.

Advocates warn that without clear enforcement, disability rights risk becoming discretionary rather than guaranteed—particularly as federal agencies increasingly frame accommodations as optional, burdensome, or politically inconvenient.

“This is not about special treatment,” the plaintiff states. “It is about equal access. Rights that depend on a judge’s comfort or a government’s image are not rights at all.”

Why This Case Matters Now

As federal agencies seek to limit the scope of Section 504 protections, Lathus v. United States squarely challenges whether the government can demand compliance from others while exempting itself—especially its own courts.

Civil-rights historians note parallels to earlier eras where procedural barriers were used to deny participation to protected classes, only later to be recognized as unconstitutional.

Whether this case becomes a defining moment will now depend on how the federal judiciary responds—not only to the claims, but to the principle that access to justice must be real, not theoretical.

Case Information
Lathus v. United States
U.S. Court of Federal Claims
Case No. 1:2025-cv-02071

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