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Dominic Holden @dominicholden
, 12 tweets, 7 min read Read on Twitter
The same judge who ruled against Obamacare on Friday says he will hold a hearing Weds. in a key (but dormant) case on transgender rights and abortion protections under Obamacare. Judge filed this order on Thurs. 1/
The case may have broad implications for LGBT rights in schools and workplaces. There’s been speculation Trump admin may seek to redefine "sex" in civil rights law based on birth characteristics, ignoring trans people. That could happen as part of this case and/or related rule.
Texas and other plaintiffs had asked judge for a status hearing to advance the case (the administration didn’t oppose the motion), saying a forthcoming HHS regulation could take years. Here’s their motion:
The case began in 2016 after HHS issued a nondiscrimination rule under the ACA. Judge Reed O’Connor (NDTX) blocked parts about abortion and trans rights. Trump admin said it'd rewrite the rule, and O'Connor put litigation on hold.
But O'Connor's views are already clear. He said in this case that trans people are NOT protected by bans on sex discrimination. From preliminary injunction order in 2016: assets.documentcloud.org/documents/3249…

Also here’s @chrisgeidner’s story on that injunction: buzzfeednews.com/article/chrisg…
But now there's no party left in the case arguing FOR trangender rights (since the Obama admin is now out of the picture). The @ACLU trying to intervene, as their filing here explains.
Perhaps most interesting, in a filing today, Trump administration indicates it may be holding back on issuing new rule until SCOTUS decides whether it will hear and rule on the definition of “sex” in 1 of 3 cases (2 on sexual orientation and 1 on gender identity).
The upshot is — Judge O’Connor could take action in a case that’s been only hold nearly 2 years, moving toward a final judgement or (who knows) saying his ACA decision from last week has some impact here.
JUST FILED — Trump admin joins forces w/religious groups & conservative states in joint motion asking judge to advance stalled case that seeks to block transgender & abortion protections under Obamacare, move toward ruling. (See thread).

Full filing here: documentcloud.org/documents/5633…
Trump administration is defendant here, in theory trying tasked with defending an Obama-era rule under ACA. Litigation has been on hold while HHS developed a new rule to replace original. But now Trump & opponents are saying in joint filing the judge should just resolve the case.
Perhaps most bizarre, there’s no party left in the lawsuit in favor of transgender or abortion rights in a case that’s all about transgender and abortion rights.
JUST IN — Judge Reed O’Connor orders the case against transgender and abortion protections under Obamacare may proceed. (See the thread above for context.) He’s set a schedule for briefing.

Order: documentcloud.org/documents/5634…
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