L-R: Fourth Circuit Judges Julius Ness Richardson, Diana Gribbon Motz and Allison Jones Rushing. (Photos: ALM and Courtesy) Judges Appear Divided in Medicaid Gender-Affirming Surgery Case
Fourth Circuit Judges Julius Richardson and Allison Rushing, both Trump appointees, seemed skeptical of the arguments by the transgender Medicaid participants who brought the lawsuit.
March 07, 2023 at 05:46 PM
3 minute read
A panel of appellate judges appeared divided during oral arguments Tuesday over a challenge brought by transgender Medicaid recipients to West Virginia's policy excluding coverage for gender-affirming surgeries.
Before a panel for the U.S. Court of Appeals for the Fourth Circuit, patients argued that the policy violates the Equal Protection Clause because under it, a transgender person with gender dysphoria wouldn't receive coverage for gender-confirming surgeries while a cisgender person would for those same surgeries needed for different conditions.
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