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Morning Briefing

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Tuesday, Aug 18 2020

Full Issue

Trump's Transgender Health Rule Paused By Federal Judge

U.S. District Court Judge Frederic Block issued a temporary injunction against an HHS regulation, scheduled to take effect Tuesday, that would roll back Obama-era protections for transgender people seeking health care.

AP: Trump Rule On Transgender Health Blocked At The 11th Hour

The lawsuit against the Trump administration rule was brought by an advocacy group, the Human Rights Campaign, on behalf of two transgender women. One of the plaintiffs is an Army veteran, and the other a writer and activist. Judge Block dismissed as “disingenuous” arguments from HHS that its rule was legally valid, and he wrote that the agency acted “arbitrarily and capriciously” in enacting it. HHS said it was disappointed by the judge’s decision. (Alonso-Zaldivar, 8/18)

The Hill: Federal Judge Temporarily Blocks Trump Transgender Health Rule From Taking Effect 

The rule was issued in mid-June, during Pride Month. It made clear that the government's interpretation of sex discrimination would be based on "the plain meaning of the word 'sex' as male or female and as determined by biology." The original Obama-era rule in 2016 made it illegal for doctors, hospitals and other health care workers to deny care to someone whose sexual orientation or gender identity they disapproved of. (Weixel, 8/17)

In related news —

Politico: Trump-Backed Transgender Athlete Ban Paused In Idaho 

A federal judge decided Monday to temporarily block an Idaho law that bars transgender women from participating in school sports and requires testing if an athlete’s sex is in question. Idaho’s "Fairness in Women’s Sports Act" will now be on pause while the judge continues to decide whether the law violates the equal protection and due process clauses of the 14th Amendment, as well as the unlawful searches and seizures clause of the Fourth Amendment. (Quilantan, 8/17)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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