Within the decision: Block’s 26-page mandate focused on the June 6-3 Supreme Court decision that extended civil rights protections to employees based on their gender identity or sexual orientation. He specifically raised questions about the Trump administration’s decision to advance its Obama policy rewriting without considering the consequences of the Supreme Court’s decision, which came just three days after Trump’s health department rolled back transgender -health protection finalized.
“When the Supreme Court announces an important decision, it seems a sensible thing to interrupt and reflect on the consequences of the decision,” wrote Block, a Clinton appointment. “Since HHS was willing to voluntarily take this path, the court is now setting it up,” he added.
A long legal battle: A challenge on the merits of the Trump policy will continue, but Block said plaintiffs challenging the rule are likely to succeed in their lawsuit.
The previous anti-discrimination rules in the Obama era were blocked by a federal judge in 2016 and never took effect. Religious groups say the Obama policy would force doctors to offer services for sexual intercourse or abortion, even if it conflicts with their beliefs.
The legal battle over the Obama rules is still going on, even as the Trump administration issues new policies. At least five lawsuits have already been filed against the new Trump rules.
Monday’s decision dealt with no one else provisions of the strict non-discrimination rules of Trump, which eased the requirements for health care providers and insurers provide information in 15 languages and provide translation services. It also left Trump’s rollback of protections for patients seeking abortion.
A spokesman for the Department of Health and Human Services did not immediately respond to a request for comment.
