Neese et al. v. Becerra et al.

Docket No.
2:21-cv-00163
District Court
Texas Northern

Goal

  • Certify class
  • Declaration that agency action is unlawful
  • Vacate agency action

Issues

Case History

Why this Matters:

The plaintiffs brought a class action complaint alleging that Section 1557 of the Affordable Care Act – prohibits discrimination on the basis of race, color, national origin, age, disability, and sex – does not prohibit discrimination on the basis of sexual orientation and gender identity. The plaintiffs argue that federal guidance that interprets Section 1557 to prohibit discrimination against LGBTQ people violates the Administrative Procedure Act.

Potential Impact:

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

News And Analysis (1)

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Related Litigation

Current Status

Appeal Filed

Legal Issues

Administrative Procedure Act - Contrary to Law

Amicus Briefs for Plaintiff(s)

Female Athletes

Topic(s)

Affordable Care Act Nondiscrimination Protections (Section 1557)

Date Filed
August 25, 2021
Case Type
Civil
Court Type
District Court
Court
Texas Northern
Court Division
Amarillo
Judge
Kacsmaryk, Matthew J. Appointed By: Donald Trump
Plaintiff(s)
Susan Neese; James Hurly; Jeffrey Barke (Dismissed)
Lead Counsel For Plaintiff(s)
Mitchell Law PLLC
Defendant(s)
Xavier Becerra; United States
Lead Counsel for Defendant(s)
Government