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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. 


Two kids walking in a field with their parents
Wednesday, Jul 3, 2024

The following quote may be attributed to Alliance Defending Freedom Senior Counsel Julie Marie Blake regarding two decisions in the cases State of Tennessee v. Becerra and State of Florida v. U.S. Department of Health and Human Services. Two federal district courts ruled separately that the Biden administration’s rewrite of federal health care law to add “gender identity” is illegal, and, combined, the courts halted the regulation nationwide while the lawsuits proceed:

“Children deserve the best possible care, and the courts’ decisions are one step closer to ensuring that science and common sense are upheld. The Biden administration’s attempt to hijack the medical field is the latest example of its unlawful overreach. The HHS rule will harm those suffering from gender dysphoria, especially children, and punish doctors who seek to provide them the best care. 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. Medical professionals around the world and individuals who have undergone these experimental, body-altering procedures warn about their risks, and these courts show that this warning is being heard.”

In its ruling in State of Florida v. U.S. Department of Health and Human Services, the U.S. District Court for the Middle District of Florida wrote:

“HHS’s present view on ‘gender affirming care’ is far from shared by other medical authorities. And the science seems to be trending the other way.”

Alliance Defending Freedom attorneys represent McComb Children’s Clinic in a companion case in Mississippi and Catholic Medical Association in Florida, challenging the unlawful change of Section 1557 of the Affordable Care Act.

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.