Judge Asks If HHS' Hands Tied On Gay, Gender Identity Rule

Law360 (August 3, 2020, 9:46 PM EDT) -- A D.C. federal judge was skeptical Monday that he can toss a Trump administration rule gutting gay and transgender protections under the Affordable Care Act, given that a Texas court forced regulators' hands by shutting down an Obama-era push to bar discrimination over medical patients' gender identity.

U.S. District Judge James Boasberg said he understands why people seeking health care fear they will be discriminated against due to the rule unveiled June 12 by the U.S. Department of Health and Human Services.

But he said the risk of discrimination might not be enough to support a federal court order blocking the rule's rollout, considering that a...

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