⚖ Oral Arguments, with Context

The Fifth Circuit hears McComb Children's Clinic's challenge to a federal healthcare rule. The Mississippi pediatric practice says the rule could force it to provide gender-transition care contrary to its medical policies. It sued over a 2024 Health and Human Services rule treating gender-identity discrimination as sex discrimination under the Affordable Care Act. Section fifteen fifty-seven of that Act prohibits discrimination in federally funded health programs. While the clinic's lawsuit was pending, the district court set aside several gender-identity provisions in a separate case brought by states. The judge then dismissed the clinic's case as moot, reasoning that no further effective relief remained for the court to give. The clinic says a remaining provision about sex stereotypes still leaves it exposed. Vacatur means setting aside agency action, not simply promising not to enforce it. Matthew Bowman, of Alliance Defending Freedom, will ask the court to reinstate the case and set aside that provision insofar as it covers gender identity.

McComb Children's Clinic v. Kennedy (No. 26-60101) — U.S. Court of Appeals for the Fifth Circuit, argued October 7, 2026.