Neese et al. v. Becerra et al.

Docket No.
23-10078
Appellate Court
Fifth Circuit

Goal

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

Litigation Content

Why this Matters:

The plaintiffs brought a class action complaint alleging that enforcing protections under the Affordable Care Act against discrimination in federally funded health care programs with respect to sexual orientation and gender identity violate the Administrative Procedure Act. The nondiscrimination protections included in the Affordable Care Act protect various communities on the basis of race, color, national origin, age, disability, or sex. These communities have historically faced different barriers in accessing health care services and have disproportionately suffered worse health outcomes.

Potential Impact:

Eroding nondiscrimination protections for LGBTQI+ people would expose them to greater challenges in accessing needed services and care.

Litigation Information

Current Status

Decision issued

Petition for Certiorari Denied