HHS Looks to Overturn Kacsmaryk Transgender-Care Decision

The Biden administration is fighting a Texas federal judge’s declaration that the Affordable Care Act doesn’t prohibit discrimination in health care on the basis of gender identity or sexual orientation.

District Judge Matthew Kacsmaryk incorrectly found that the plaintiffs—two doctors who conceded that they treat transgender patients without objection—had standing to sue US Health and Human Services Secretary Xavier Becerra to stop the agency from enforcing its newest interpretation of the ACA’s Section 1557 in the context of caring for transgender people, HHS said in a Fifth Circuit brief filed Monday.

HHS’ notice of interpretation wasn’t a final agency action ...