State of Tennessee et al. v. Becerra et al.

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.