McComb Children’s Clinic, LTD. v. Kennedy et al.

Docket No.
25-60101
Appellate Court
Fifth Circuit

Goal

  • Block enforcement of an agency action
  • Declaration that agency action is unlawful
  • Vacate agency action

Litigation Content

Potential Impact:

Why this Matters 

The plaintiff alleges that part of a federal rule to implement the Affordable Care Act’s nondiscrimination protections violates the Administrative Procedure Act, the First Amendment, the Fifth Amendment, and the Spending Clause. The plaintiff specifically challenges any action to implement or enforce health care protections based on gender identity or to otherwise require health care providers to perform, provide, offer, refer for, or facilitate gender-affirming care. The plaintiff appeals the district court’s decision dismissing their case for mootness.

Potential Impact 

Eroding the Affordable Care Act’s nondiscrimination protections would exacerbate the challenges faced by transgender patients in accessing needed services and further widen health disparities.

1 Major Filings

Litigation Information

Current Status

Briefing is ongoing