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Inside the decision: Block’s 26-page order dealt with the June 6-3 Supreme Court decision that extended civil rights protection to employees based on their gender identity or sexual orientation. He specifically questioned the Trump administration’s decision to advance its rewrite of Obama’s policies without considering the impact of the Supreme Court ruling, which came just three days after the Department of Trump’s health has finalized the rollback of transgender health protections.
“When the Supreme Court announces an important decision, it makes sense to pause and think about the impact of the decision,” wrote Block, a person appointed by Clinton. “Since HHS has been willing to take this route voluntarily, the court now requires it,” he added.
A long legal battle: Challenging the merits of Trump’s policy will continue, but Block said plaintiffs challenging the rule are likely to be successful in their lawsuit.
Previous Obama-era anti-discrimination rules were blocked by a federal judge in 2016 and never took effect. Religious groups argue that Obama’s policy would force doctors to offer gender transition services or abortions even if it went against their beliefs.
The legal fight over Obama’s rules is still unfolding, even as the Trump administration has released new policies. At least five lawsuits have already been filed against the new Trump rules.
Monday’s decision was not about others provisions of Trump’s revised non-discrimination rules, which relaxed requirements for healthcare providers and insurers provide information in 15 languages and offer translation services. It also left out Trump’s removal of protections for patients seeking abortions.
A spokesperson for the Department of Health and Social Services did not immediately respond to a request for comment.
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