State of Florida v. U.S. Department of Health and Human Services
Description: After the Biden administration unlawfully published a rule that changes the federal definition of "sex" to include "gender identity" in health care, the state of Florida, along with the Catholic Medical Association as a co-party, sued the U.S. Department of Health and Human Services for requiring treatment of and payment for dangerous procedures.
ADF arguing on behalf of Catholic doctors in Florida lawsuit over redefinition of 'sex' in federal law
WHO: Alliance Defending Freedom attorneys
WHAT: Arguing at hearing in State of Florida v. Department of Health and Human Services
WHEN: Hearing begins at 2:30 p.m. EDT, Friday, June 21
WHERE: U.S. District Court for the Middle District of Florida, Sam M. Gibbons U.S. Courthouse, 801 N. Florida Ave., Tampa.
TAMPA, Fla. – Alliance Defending Freedom attorneys will be arguing on behalf of Catholic doctors Friday at a hearing in federal district court in State of Florida v. Department of Health and Human Services. The state of Florida and the Catholic Medical Association are challenging the federal agency’s rule change that forces medical professionals and insurance providers to perform or pay for harmful “gender-transition” procedures or face severe financial consequences. ADF attorneys joined Florida Attorney General Ashley Moody in filing suit against the Biden administration’s unlawful rule the same day it was published.
The administration’s rule change, published in May, redefines “sex” in federal health care nondiscrimination law to include “gender identity.” As announced, the rule change forces CMA members to lose federal funding and risk severe penalties for treating and referring to patients by their sex. The rule also requires Florida to follow unscientific standards of care and limits the state’s power to set protective standards of care for health professionals.
“The Biden administration’s attempt to hijack the medical field is the latest example of its unlawful overreach,” said ADF Legal Counsel Allison Pope, who will be arguing before the court. “The HHS rule will harm those suffering from gender dysphoria, especially children, and punish doctors who seek to care for them. Medical professionals around the world and individuals who have undergone these experimental, body-altering procedures warn about their risks. Yet the administration is choosing ideology over science by coercing doctors to perform these dangerous, often sterilizing procedures to make people appear as the opposite sex. This rule change also contradicts legal precedent set by the U.S. Court of Appeals for the 11th Circuit. For all these reasons, we are urging the district court to halt the administration’s inappropriate and illegal rule change.”
Florida and the Catholic Medical Association argue that the administration’s rule change abuses its regulatory powers under Section 1557 of the Affordable Care Act to force health care and medical insurance providers to classify body-altering and dangerous procedures as necessary treatment.
The Catholic Medical Association is the largest association of Catholic individuals in health care with about 2,500 members nationwide in all fields of practice. CMA has a Florida statewide guild called the Florida Catholic Medical Association and seven local guilds located throughout the state.
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
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ABOUT Julie Marie Blake
Julie Marie Blake serves as senior counsel for regulatory litigation at Alliance Defending Freedom. Over the last decade, she has been on the front lines of high-profile, precedent-setting cases challenging federal overreach in courts across the country. Blake served as deputy solicitor general for the state of Missouri from 2017 to 2020 and as assistant solicitor general for the state of West Virginia from 2013 to 2017. In these roles, she argued 26 federal and state appeals, including before the en banc U.S. Court of Appeals for the 8th Circuit. Before entering government service in 2013, Blake was a litigation associate at Baker Botts L.L.P., where she served as volunteer amicus counsel in several ADF cases, including Town of Greece v. Galloway. Following law school, she served as a law clerk for Judge Paul J. Kelly, Jr. on the U.S. Court of Appeals for the 10th Circuit. She received her J.D. magna cum laude from Notre Dame Law School in 2009. She received her B.A. in Politics and Theology & Religious Studies phi beta kappa from the Catholic University of America in 2006. She is a 2007 Blackstone Fellow. Blake is admitted to practice in multiple states, the Supreme Court, and in many federal district and appellate courts.
ABOUT Allison Pope
Allison Pope serves as legal counsel for the Center for Life at Alliance Defending Freedom, where she defends pro-life laws and organizations. Before joining ADF, Pope was an associate at a large law firm in Kansas City, Missouri. In that role, she represented major pharmaceutical and automotive companies in class actions and other complex litigation. Pope also has experience in the clinical research industry. Pope served as a law clerk for Judge Eric E. Murphy on the U. S. Court of Appeals for the Sixth Circuit. She graduated magna cum laude from Notre Dame Law School and earned her undergraduate degree in biology and French with highest distinction from the University of Kansas. Pope is admitted to practice law in Missouri.