Federal judge blocks Trump administration’s rollback of Obama-era transgender health care protections

Here’s the legal TL;DR for those who are interested, from skimming some of the opinion.

  • The order temporarily blocks the new rules (which would have allowed anti-trans discrimination) from going into effect.

  • The court thinks the plaintiffs are likely to win the full case on the merits. This means the rules are blocked for now, until the case is resolved (or the injunction overturned).

  • The court thinks the new rules are “arbitrary and capricious” under the Administrative Procedure Act. This involves bureaucratic technicalities and wouldn’t ultimately stop the new rules, but it would significantly delay them.

  • The court thinks the new rules are disallowed by Bostock, the recent case about non-discrimination against transgender people in employment. In this case, there ACA incorporates the non-discrimination language of Title IX, which includes the same prohibition against discrimination “on the basis of sex”. Victory on this issue would stop the new rules permanently.

Finally, this is just a preliminary injunction, and it’s possible the decision would go the other way in either (1) the full case or (2) appeals. But that possibility more or less goes away if Biden wins in Nov. So… make sure you’re registered, and everything gets in and counted on time!

Thanks to the Courtesy of :

https://www.reddit.com/r/transgender/comments/ibqdlu/federal_judge_blocks_trump_administrations/

Leave a Reply