Two transgender teenagers are appealing a lower court’s decision denying their request to make Arizona’s Medicaid agency pay for their gender-affirming surgeries while their lawsuit over the legality of its blanket coverage exclusion proceeds.
D.H. and John Doe want the U.S. Court of Appeals for the Ninth Circuit to reverse a decision that denied them coverage on the basis that they didn’t show they were likely to prove the state’s conduct violates the Medicaid Act, the Affordable Care Act’s anti-discrimination provision, or equal protection.
The U.S. District Court for the District of Arizona said the injunction wasn’t necessary because the ...