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

Docket No.
5:24-cv-00048
District Court
Mississippi Southern

Goal

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

Issues

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.

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.

31 Major Filings

View More

Related Litigation

Current Status

Case Stayed

Legal Issues

Administrative Procedure Act - Contrary to Law, Administrative Procedure Act - Arbitrary and Capricious, Administrative Procedure Act - Lack of Statutory Authority, First Amendment - Free Speech Clause, Fifth Amendment - Due Process Clause, Spending Clause

Topic(s)

Affordable Care Act Nondiscrimination Protections (Section 1557)

Date Filed
May 13, 2024
Case Type
Civil
Court Type
District Court
Court
Mississippi Southern
Judge
Guirola Jr., Louis Appointed By: George W. Bush
Plaintiff(s)
McComb Children's Clinic, LTD.
Lead Counsel For Plaintiff(s)
Phelps Dunbar, LLP
Defendant(s)
Department of Health and Human Services; Robert F. Kennedy Jr.; Office for Civil Rights of the Department of Health and Human Services; Anthony Archeval
Lead Counsel for Defendant(s)
Government