In Whitman-Walker Clinic, Inc. v. U.S. Department of Health and Human Services, (D DC, Sept. 2, 2020), the D.C. federal district court, in a 101-page opinion, issued a nationwide injunction barring enforcement of two of the changes to health care anti-discrimination rules made by the Trump Administration earlier this year. (See prior posting.) The court summarized its holding:
The Court ultimately concludes that Plaintiffs have standing to level challenges to certain provisions of the 2020 Rule, but not others, and that they are likely to succeed (and will suffer irreparable harm) on two central claims: first, that the 2020 Rule arbitrarily and capriciously eliminated “sex stereotyping” from the prior Rule’s definition of “discrimination on the basis of sex”; and second, that it improperly incorporated Title IX’s exemption of certain religious organizations from the statute’s nondiscrimination mandate.
