HHS Defends Biden Health Bias Rule in Appeal of Nationwide Pause

A federal court erred in saying a group of states were likely to succeed on their claim that health discrimination protections don’t extend to gender identity, the Biden administration argued in its appeal of that ruling.

A 2024 final rule from the US Department of Health and Human Services falls in line with how the US Supreme Court has interpreted federal sex and gender discrimination protections, US Justice Department attorneys representing the agency wrote in an opening brief filed Thursday in the US Court of Appeals for the Fifth Circuit.

The regulation says anti-discrimination protections under Section 1557 of the ...