- Docket No.
- 24-60462
- Appellate Court
- Fifth Circuit
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
Issues
Case History
Litigation Content
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.
6 Major Filings
- BRIEF OF THE NATIONAL HEALTH LAW PROGRAM IN SUPPORT OF DEFENDANTS-APPELLANTS (Dec 2, 2024)
- BRIEF OF HEALTH CARE PROVIDER ORGANIZATIONS AS AMICI CURIAE (Nov 29, 2024)
- AMICUS BRIEF (American Cancer Society et al.) (Nov 26, 2024)
- BRIEF OF AMICI CURIAE JUSTICE IN AGING, SAGE, AND THE CENTER FOR MEDICARE ADVOCACY IN SUPPORT OF DEFENDANTS-APPELLANTS AND REVERSAL (Nov 25, 2024)
- BRIEF FOR APPELLANTS (Nov 21, 2024)
- BRIEFING NOTICE (Sep 12, 2024)