American College of Pediatricians et al. v. Becerra et al.

Docket No.
23-5053
Appellate Court
Sixth Circuit

Goal

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

Litigation Content

Why this Matters:

The plaintiffs allege that enforcing the Affordable Care Act’s nondiscrimination protections to require the plaintiffs to provide gender-affirming care or coverage for such care violates the Administrative Procedure Act, the First Amendment, the Due Process Clause of the Fifth Amendment, the Religious Freedom Restoration Act, and the Tenth Amendment. The Affordable Care Act protects against discrimination on the basis of race, color, national origin, age, disability, or sex. People who fall in those categories have historically faced various difficulties accessing health care services and have faced worse health outcomes. The plaintiffs appeal a decision that dismissed their claims at the lower court.

Potential Impact:

Eroding the Affordable Care Act’s nondiscrimination protections would exacerbate the challenges faced by marginalized groups, especially women and LGBTQI+ people, in accessing needed services and care and further widen health gaps.