When Republican President-elect Donald Trump assumes office for the second time next year, he will face a wave of lawsuits targeting the Biden administration’s healthcare policies. These cases present Trump with immediate opportunities to shift policy direction before introducing new rules or legislation. Below, we examine the most significant cases to watch.
Abortion Cases Take Center Stage
Abortion rights remain a focal point of legal battles following the U.S. Supreme Court’s 2022 decision allowing states to ban abortion. Trump avoided committing to specific abortion policies during his campaign, but his administration must address several ongoing cases.
One high-profile case involves three Republican-led states seeking to limit the distribution of the abortion pill mifepristone. While the Biden administration’s FDA eased restrictions on the drug, Trump’s administration could reverse those changes.
In another case, the Biden administration sued Idaho in 2022, arguing that the state’s near-total abortion ban violates the federal Emergency Medical Treatment and Labor Act (EMTALA). This law mandates hospitals to stabilize patients in medical emergencies, which could include medically necessary abortions. Although a court barred Idaho from enforcing the ban in emergencies, Idaho’s appeal remains under review by the 9th U.S. Circuit Court of Appeals. A ruling against the current administration would allow Trump to abandon the Biden administration’s stance and permit Idaho’s law to take full effect.
Drug Pricing Battles Loom
Trump will also inherit lawsuits challenging Biden’s Inflation Reduction Act of 2022, which requires drug companies to negotiate prices for certain medications with Medicare. While most industry challenges have failed at the trial court level, the 5th Circuit recently revived one case.
Pharmaceutical companies continue urging Trump and the Republican majority to adjust the law’s implementation, proposing extended periods of market exclusivity for new drugs before they become subject to price negotiations. Although Trump may not seek a full repeal of the program, his administration’s stance in court could determine whether key provisions withstand legal scrutiny.
Preventive Care Requirements Under Threat
Since taking office, Biden has defended the Affordable Care Act’s mandate requiring health insurance plans to cover preventive care services. A 2020 lawsuit by Christian-owned businesses in Texas challenges this mandate, particularly its inclusion of services like cancer screenings and HIV prevention.
Earlier this year, the 5th Circuit ruled that while the mandate can remain in place temporarily, the method used to select covered services is unconstitutional. Trump’s administration will need to clarify its position, especially as his nominee for Secretary of Health and Human Services, Robert F. Kennedy Jr., holds controversial views on vaccines. Public health advocates have warned that removing this mandate could negatively impact overall healthcare outcomes.
Transgender Healthcare Policies in the Spotlight
Trump’s administration will confront lawsuits addressing healthcare for transgender minors. One major case involves a Tennessee law banning gender transition treatments, including puberty blockers and hormones, for minors. The U.S. Supreme Court will soon decide this case.
Meanwhile, another pending lawsuit challenges a Biden administration rule prohibiting discrimination based on gender identity in federally funded healthcare programs. A federal judge has temporarily blocked this rule. Trump’s administration could halt its defense of the rule in court or begin rescinding it, continuing the rollback of similar protections seen during his first term.
Nursing Home Staffing Rules Face Scrutiny
The Biden administration’s new rules for nursing home staffing, announced earlier this year, mandate a registered nurse on duty 24 hours a day and a total of at least 3.5 nursing hours per resident per day. Industry groups and Republican attorneys general have filed lawsuits, arguing that the rule fails to consider the nationwide nurse shortage and could force rural nursing homes to close.
Trump’s administration is expected to oppose these regulations. By dropping its defense of the lawsuits, it could expedite the rollback of the staffing requirements, addressing concerns from industry groups and some Democrats.
Transitioning Healthcare Policy
Through these legal battles, Trump’s administration will have early opportunities to reshape healthcare policy and signal its broader legislative priorities. These cases will not only influence immediate policy changes but also define the administration’s long-term approach to healthcare in America.
