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

Docket No.
23-05053
Appellate Court
Sixth Circuit

Goal

  • Invalidate all or part of a federal regulation
  • Stop the government from enforcing the statute or regulation

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.

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.