US Seems Likely to Prevail in LGBTQ+ Health Bias Standing Fight

The Fifth Circuit on Monday appeared likely to end a suit over a Biden administration notice warning doctors that it will interpret Obamacare’s anti-bias provision as prohibiting discrimination based on transgender status.

All three members of the panel—including Republican-appointees Edith H. Jones and Catharina Haynes—seemed skeptical of Susan Neese’s and James Hurly’s claim that they face a credible threat of enforcement as a result of the notice and, therefore, had standing to bring the pre-enforcement suit.

The Texas doctors argued in the US Court of Appeals for Fifth Circuit that they fear losing federal money due to the US Department ...