State of Tennessee et al. v. Kennedy et al.

Docket No.
1:24-cv-00161
District Court
Mississippi Southern

Goal

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

Issues

Case History

Why this Matters

The plaintiffs allege that enforcing the Affordable Care Act’s nondiscrimination protections related to providing gender-affirming care or coverage for such care violates the Administrative Procedure Act and is unconstitutional under the Spending Clause, the nondelegation doctrine, and the Eleventh Amendment. 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.

29 Major Filings

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Related Litigation

Current Status

Briefing is ongoing

Legal Issues

Administrative Procedure Act - Contrary to Law, Administrative Procedure Act - Arbitrary and Capricious, Nondelegation Doctrine, Spending Clause, Eleventh Amendment

Topic(s)

Affordable Care Act Nondiscrimination Protections (Section 1557)

Date Filed
May 30, 2024
Case Type
Civil
Court Type
District Court
Court
Mississippi Southern
Judge
Guirola, Louis Jr. Appointed By: George W. Bush
Plaintiff(s)
State of Tennessee; State of Mississippi; State of Alabama; State of Georgia; State of Indiana; Commonwealth of Kentucky; State of Ohio; Commonwealth of Virginia; State of West Virginia; State of Kansas; State of Louisiana; State of Nebraska; State of Oklahoma; State of South Carolina; and State of South Dakota
Lead Counsel For Plaintiff(s)
Government
Defendant(s)
Department of Health and Human Services; Robert F. Kennedy, Jr.; Anthony Archeval; Stephanie Carlton; Centers for Medicare and Medicaid Services
Lead Counsel for Defendant(s)
Government