Summary
A Mississippi children’s clinic is challenging the Biden administration over a rule change to Section 1557 of the Affordable Care Act that attempts to change the definition of “sex” to include “gender identity.”
Timeline
- May 2024: McComb Children’s Clinic sues then-HHS head Xavier Becerra over proposed Section 1557 changes.
- October 2025: Tennessee v. Kennedy vacates the gender-identity provisions, but leaves certain other clauses, such as the “sex stereotypes” provision.
- February 2026: The district court dismissed the case, and the clinic appealed shortly thereafter.
- October 2026: Oral arguments were heard at the U.S. Court of Appeals for the 5th Circuit.
