State of Texas et al. v. U.S. Department of Health and Human Services et al.

Docket No.
District Court
Texas Western


  • Invalidate agency guidance
  • Prevent enforcement of agency guidance

Litigation Content

Why this Matters 

The Plaintiffs allege that federal nondiscrimination guidance to retail pharmacies about the refusal to fill certain prescriptions for reproductive health care violates the Administrative Procedure Act, the Spending Clause, the Hyde Amendment, and unlawfully preempts state abortion laws. The nondiscrimination protections included in the Affordable Care Act are critical to ensuring equal access to necessary health services, including patients seeking reproductive health care. 

Potential Impact 

Eroding nondiscrimination protections for women would expose them to greater challenges in accessing needed reproductive health services and care.