Susan Neese, et al. v. Robert F. Kennedy, Jr., Secretary of Health and Human Services, et al.
AdministrativeLaw SocialSecurity EmploymentDiscrimina Privacy JusticiabilityDoctri
Should the Court summarily vacate the court of appeals' judgment under United States v. Munsingwear, Inc., and remand with instructions to dismiss the case?
The petitioners are challenging the legality of a Noti-fication issued by former HHS Secretary Xavier Becerra in May of 2021, which declares that section 1557 of the Af-fordable Care Act prohibits “discrimination on the basis of gender identity” by health-care providers that receive federal funding. The court of appeals dismissed the peti-tioners’ claims for lack of Article III standing. After the court of appeals issued its ruling, the Trump Administra-tion took office and rescinded the Notification that the pe-titioners were challenging, mooting the petitioners’ law-suit. The question presented is: Should the Court summarily vacate the court of appeals’ judgment under United States v. Mun-singwear, Inc., 340 U.S. 36 (1950), and remand with instructions to dismiss the case? (ii)