Judge strikes down transgender workplace protections
Share this @internewscast.com

Main: This image from video courtesy of the Senate Judiciary Committee shows Matthew Kacsmaryk attending his confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington, on December 13, 2017 (Senate Judiciary Committee via AP).

A Texas district judge known for significant decisions in abortion-related cases revoked a federal rule on Wednesday. This rule had previously prohibited medical providers from disclosing reproductive health care information to law enforcement.

In a 65-page memorandum opinion and order, U.S. District Judge Matthew J. Kacsmaryk, who was appointed by President Donald Trump during his initial term, nullified a rule established during Joe Biden’s presidency. This rule had been issued by the U.S. Department of Health and Human Services (HHS) in April 2024.

In October 2024, two doctors and their clinic sued HHS and several other named defendants. The 22-page complaint argued the December 2024 rule ran afoul of the Administrative Procedure Act (APA), the federal statute broadly governing administrative agencies.

“The rule inserts abortion, gender identity, and other topics into regulations implementing the Health Insurance Portability and Accountability Act of 1996 (HIPAA), which has nothing at all to do with those topics, does not treat medical information about these topics any differently than other private information, and gives Defendants no authority to regulate in this way,” the complaint reads.

Love true crime? Sign up for our newsletter, The Law&Crime Docket, to get the latest real-life crime stories delivered right to your inbox.

In January, the plaintiffs, led by Dr. Carmen Purl, filed their motion for summary judgment — looking for a quick win on the merits.

Now, though not with much speed, the court has given the plaintiffs their requested relief by vacating the 2024 rule.

“Federal agencies cannot “exercise powers reserved to another branch of Government,'” the opinion begins — with a citation to a concurrence penned by U.S. Supreme Court Justice Clarence Thomas to the landmark 2024 ruling that overturned Chevron deference, a doctrine that provided a long-disputed framework for when and how the judiciary should defer to an agency’s interpretation of a federal statute.

“Here, the Department of Health and Human Services promulgated a regulation that exceeds the Article I statute it purports to enforce, the Health Insurance Portability and Accountability Act, while simultaneously violating the Federalism barriers erected in the Constitution and affirmed in the Supreme Court’s most recent opinion on the subject matter,” the opinion continues — with a citation to the landmark 2022 ruling that overturned Roe v. Wade.

Both of those citations figure prominently in the court’s analysis.

In reverse order, the 2024 rule was actually promulgated by HHS in response to the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization — the ruling that sent all abortion law decisions back to the states by revoking the decades-old federal right to an abortion.

In fact, HHS, when initially issuing the rule, “expressly responded” to the effect the Dobbs ruling would have on women’s health care, Kacsmaryk explains in the opinion.

From the ruling, at length:

According to HHS, Dobbs wrought “far-reaching implications” for reproductive health care that “increase[d] the likelihood that an individual’s PHI may be disclosed in ways that cause harm to the interests that HIPAA seeks to protect. Specifically, HHS leadership worried Dobbs might prevent women from seeking abortion-related providers and invoked HIPAA as a shield against abortion-restrictive States.

HHS expressly linked its anti-Dobbs rationale to its statutory authority to promulgate HIPAA regulations. Thus, HHS concluded Dobbs may “chill an individual’s willingness” to seek an abortion or other RHC. To prevent chilling abortions, HHS “determined that the Privacy Rule must be modified to limit the circumstances in which provisions of the Privacy Rule permit the use or disclosure of an individual’s PHI” about [reproductive health care] for “certain non-health care purposes.”

Such a response, the court says, was not proper because it “triggers the major-questions doctrine because HHS is regulating on a matter of great political significance.” The major-questions doctrine, which, in the parlance of the Supreme Court, means Congress must “speak clearly if it wishes to assign to an agency decisions of vast economic and political significance.”

While the judge admits the 2024 rule “does not directly regulate public health,” he notes that “it does place limitations on the States’ ability to regulate their public health regimes” and is “designed to halt state-level ‘chill[ing]’ of abortion and related procedures.”

Those efforts, Kacsmaryk finds, venture too far into the territory of the Dobbs decision.

“Dobbs left no doubt: the regulatory realm of abortion lies no more with unrepresentative courts or agencies — it lies with the people,” the opinion continues. “And when an agency tiptoes its way back into abortion-related matters, the major-questions doctrine demands it clearly show that ‘the people and their elected representatives’ gave them unquestionable authority to do so. Thus, the 2024 Rule ‘seeks to intrude”‘into an area Dobbs left in ‘the particular domain of state law’ and representative democracy.”

As far as the basic APA claims contained in the actual lawsuit against the government, the court vindicates the plaintiffs there as well.

The judge found the 2024 rule violates a federal statute that prohibits deleterious effects on state laws. Here, specifically, the court determined the rule “impedes, restrains, or curtails potential child abuse reporting.”

Again, Kacsmaryk, at length:

The 2024 Rule can be “construed to invalidate or limit the authority, power, or procedures” of laws that protect child abuse reporting, or “public health investigation or intervention.” But Congress ordered “nothing … shall be construed” to do just that. The 2024 Rule does so in several ways. First, it prohibits reporting child abuse if such a report would be based solely on lawful [reproductive health care], and it prohibits States from ever considering reproductive health alone as abuse or part of a public health investigation. Second, the 2024 Rule requires covered entities to scrub PHI whenever they receive a lawful PHI request, to determine whether it contains any “health care” information “relating to the reproductive system and to its functions and processes.” Third, covered entities must scrutinize confusing abortion and gender-identity jurisprudence, legislation, and regulations to decipher whether the [reproductive health care] was lawful. And finally, covered entities must flawlessly enforce an intricate attestation requirement whenever they receive a request to disclose PHI — no matter the requester’s motivation.

Share this @internewscast.com
You May Also Like

Released Suspect Detained Again for Mop Handle Assault on Store Clerk

Staff report GAINESVILLE, Fla. – D’Andre Vanshon Jemel Anderson, 29, was taken…

Gainesville Resident Accused of Assaulting 14-Year-Old Runaway

Staff report GAINESVILLE, Fla. – A 26-year-old named McNish Mathis Tuzon Hampton…

Two Teens Face Charges Following Alleged Joyride Across Four Sydney Suburbs

Two teenagers have been charged after a police pursuit through Sydney‘s west.…

‘Arson Attack and Protest in Melbourne Condemned by Jewish Leaders as ‘Appalling Crimes”

Leaders of the Jewish community have called for action after separate attacks…

Intoxicated Driver in Michigan Hits Family Departing Festival, Resulting in the Death of a 3-Year-Old and Injuries to Twin Sister: Police Report

A woman from Michigan, who was driving on a suspended license, reportedly…

Trump Administration Urges Judge to Block Entire District Court

President Donald Trump attends the 157th National Memorial Day Observance at Arlington…

Mothers Call for Halt on Enforcement of Trump’s Birthright Citizenship Order

President Donald Trump addresses a joint press conference with Elon Musk in…

Tragic Hit-and-Run at Fireworks Show Claims Life of 3-Year-Old Boy

Background: The location of the accident at Lyndon Street and Merriman Road…

Teen Tried as Adult in Failed Marijuana Robbery That Ended in Murder

A 16-year-old boy from Indiana is facing adult charges of murder following…

Trump’s Attempt to Cut Science Research Funding Fails

President Donald Trump participates in a meeting with the Fraternal Order of…

Prisoner Accused of Fatally Shooting Guard with Guard’s Gun at Clinic

Left: Kelvin Simmons (Buncombe County Sheriff”s Office) Right: Francisco Flattes (Cherokee County…

Georgia Woman Faces DUI Charges After Husband Falls from Golf Cart and Dies

A woman from Georgia has been charged with driving under the influence…