Biden Administration Asks Court to Pause Section 1557 Lawsuit

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On February 10, 2021, the Department of Health and Human Services asked the Southern District of New York to pause the ongoing lawsuit arising from the previous administration’s Section 1557 rule. The rule, enacted by the Office for Civil Rights, rolls back healthcare protections for LGBTQ populations, reduces language requirements, and narrows the rule’s scope. Opponents argued that the rule violated the Administrative Procedures Act, was driven by hostility towards the transgender community, and violates the Equal Protection Clause of the Constitution. HHS asked the court to pause the lawsuit to allow it time to review the rule under President Biden’s executive order, which directed agencies to ensure antidiscrimination statutes also prohibited discrimination against LGBTQ individuals. Read more here.

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