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September 03, 2020

ACA Section 1557 Litigation Update

Section 1557 is the ACA’s individual non-discrimination provision.

Since August 3, the federal district court in Washington, DC has been considering a motion for preliminary injunction to stay the effective date of the rule. The oral argument focused on standing and redressability issues. Most recently, the federal government filed a notice of supplemental authority calling to the court’s attention a decision from the federal court in Seattle denying on lack of standing grounds a similar preliminary injunction motion filed by the State of Washington

On August 17, the federal district court in Brooklyn NY struck down the portion of the revised rule that would have repealed the Obama Administration’s definition of sex discrimination found in the prior rule.  The government has not appealed this decision. On August 28, plaintiff’s counsel asked the court to clarify whether or not its stay order applied to the entire revised rule.