McComb Childrens Clinic, LTD. v. Becerra et al.

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

Goal

  • Declaration that certain conduct may not be required under Section 1557 or Title IX
  • Invalidate all or part of a federal regulation
  • Stop the government from enforcing the statute or regulation

Litigation Content

Why this Matters 

The plaintiff alleges that enforcing the Affordable Care Act’s nondiscrimination protections related to providing gender-affirming care violates the Administrative Procedure Act, the First Amendment, the Fifth Amendment, and exceeds Congress’s enumerated powers under the Constitution. 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 LGBTQI+ people, in accessing needed services and care and further widen health gaps.

1 Major Filings