Inactive Case

Franciscan Alliance et al. v. Becerra et al.

Docket No.
21-11174
Appellate Court
Fifth Circuit

Goal

  • Award damages
  • Block enforcement of agency action
  • Declaration that agency action is unlawful

Issues

Case History

Why this Matters:

The plaintiffs allege that Section 1557 of the Affordable Care Act – which prohibits discrimination on the basis of race, color, national origin, age, disability, and sex – does not prohibit discrimination on the basis of termination of pregnancy or gender identity. The plaintiffs argue that a federal rule that interprets Section 1557 to prohibit discrimination on these bases violates the Administrative Procedure Act, the First Amendment, the Due Process Clause of the Fifth Amendment, the Religious Freedom Restoration Act, the Spending Clause, and the Tenth Amendment.


Potential Impact:

Health care discrimination against women and LGBTQ+ people leads to worse health disparities and greater challenges in accessing needed services and care.

17 Major Filings

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Related Litigation

Current Status

Decision issued

Legal Issues

Administrative Procedure Act - Contrary to Law, Administrative Procedure Act - Lack of Statutory Authority, Administrative Procedure Act - Arbitrary and Capricious, First Amendment, Fifth Amendment - Due Process Clause, Religious Freedom Restoration Act (RFRA), Spending Clause, Tenth Amendment

Amicus Briefs for Plaintiff(s)

Ethics and Public Policy Center

Topic(s)

Affordable Care Act Nondiscrimination Protections (Section 1557)

Date Filed
November 21, 2021
Case Type
Civil
Court Type
Appellate Court
Court
Fifth Circuit
Judge
Elrod, Jennifer Walker; Englehardt, Kurt D.; Willet, Don R.
Plaintiff(s)
Franciscan Alliance, Inc; Christian Medical & Dental Associations; Specialty Physicians of Illinois, L.L.C.; State of Texas; State of Wisconsin; State of Nebraska; Commonwealth of Kentucky; State of Kansas; State of Louisiana; State of Arizona; State of Mississippi
Lead Counsel For Plaintiff(s)
Becket Fund for Religious Liberty
Defendant(s)
Xavier Becerra; Department of Health and Human Services
Lead Counsel for Defendant(s)
Government
Intervenors
American Civil Liberties Union of Texas; River City Gender Alliance