Big news District court vacates Biden-era rule declaring that “sex” in Section 1557 of the ACA includes “gender identity.” This rule and its antecedents in the Obama years mandated that healthcare providers offer “gender-affirming care.” 1/

2/ The court disagreed with the Biden HHS that the Supreme Court’s reasoning in Bostock v. Clayton Country (2020) requires interpreting Title IX (imported into 1557) to mean that sex = gender identity. Even if that were true, the court adds, Bostock doesn’t compel gender Rx.

3/ The court finds that the Biden HHS exceeded its authority when interpreting Section 1557 as it did. Interpreting sex as “gender identity” is a legislative act, and thus something only Congress may do.

https://storage.courtlistener.com/recap/gov.uscourts.mssd.125067/gov.uscourts.mssd.125067.79.0.pdf… /end

Clarification: I wrote "healthcare providers," but of course Section 1557 also covers insurers who participate in the federal exchanges, which is almost all of them.