Case: State Of Texas v. Becerra

6:24-cv-00211 | U.S. District Court for the Eastern District of Texas

Filed Date: June 10, 2024

Case Ongoing

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Case Summary

This lawsuit, filed on June 10, 2024, by the State of Texas and State of Montana, against the US Department of Health and Human Services (HHS), is one of several lawsuits challenging HHS's interpretation of the ACA as prohibiting discrimination based on gender identity. On May 6, 2024, HHS issued a final rule interpreting the Section 1557 nondiscrimination provision of the Affordable Care Act. It would require healthcare providers and States to perform and pay for gender-transition procedures o…

This lawsuit, filed on June 10, 2024, by the State of Texas and State of Montana, against the US Department of Health and Human Services (HHS), is one of several lawsuits challenging HHS's interpretation of the ACA as prohibiting discrimination based on gender identity.

On May 6, 2024, HHS issued a final rule interpreting the Section 1557 nondiscrimination provision of the Affordable Care Act. It would require healthcare providers and States to perform and pay for gender-transition procedures or lose federal funding.

The State of Texas and the State of Montana brough this lawsuit under Administrative Procedure Act, 5 U.S.C. §§ 551. The plaintiffs argued the defendants exceed their authority under Section 1557, Title IX, and the United States Constitution. They argued that HHS interprets Section 1557 more broadly by equating sex discrimination with discrimination based on gender identity. The plaintiffs argued that the final rule requires Medicaid providers to violate State law by prescribing puberty blockers, performing surgeries on minors, and requires the State to pay for those treatments. They also argued the final rule also required entities to violate Texas’s regulations and prohibitions on abortion, including its Human Life Protection Act.

On June 11, 2024, the plaintiffs filed a motion for a temporary restraining order and a motion for preliminary injunction. On June 12, 2024, District Judge J. Campbell Barker was added to the case. Then, on June 14, 2024, Judge Barker recused himself and the case was assigned to District Judge Jeremy D. Kernodle.

On June 27, 2024, the defendants filed a response in opposition to the motion for a temporary restraining order and preliminary injunction. The plaintiffs submitted their reply on July 1, 2024. On July 3, 2024, Judge Kernodle granted the plaintiffs motion for a temporary restraining order and preliminary injunction. He granted in their favor because the plaintiffs were likely to succeed on the merits because the final rule violates the APA, the plaintiffs will likely suffer irreparable harm, and the balance of equities and public interest supports a stay.

On July 22, 2024, the defendants filed a motion for reconsideration of the Court's grant of motion for stay of agency action. On Aug 5, 2024, the plaintiffs filed a response in opposition to the defendants’ motion. Then on August 12, 2024, the defendants filed a reply to the response.

On August 30, 2024, the defendants filed an appeal (Case Number 24-40568) in the U.S. Court of Appeals for the Fifth Circuit. They appealed the Court’s July 3, 2024, order and the August 30, 2024, order modifying the stay.

On September 30, 2024, the parties filed a joint motion to stay proceedings until the defendants’ appeal is resolved. On October 2, 2024, the court granted the motion to stay proceedings while pending appeal. This case is ongoing.

Summary Authors

Cara Claflin (10/2/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68843876/parties/state-of-texas-v-becerra/


Judge(s)
Attorney for Plaintiff

Corrigan, Christian Brian (Texas)

Greene, Garrett Mitchell (Texas)

Hilton, Amy Snow (Texas)

Hunker, Kathleen T. (Texas)

Attorney for Defendant
Expert/Monitor/Master/Other

Elias, Nimrod Pitsker (Texas)

Documents in the Clearinghouse

Documents in this case
1

6:24-cv-00211

Complaint

June 10, 2024

June 10, 2024

Complaint
41

6:24-cv-00211

Order Modifying Stay

Aug. 30, 2024

Aug. 30, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68843876/state-of-texas-v-becerra/

Last updated April 11, 2026, 5:02 a.m.

ECF Number Date Description Link
1 June 10, 2024

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ATXEDC-10182641.), filed by State Of Texas, State of Montana. (Attachments: # 1 Civil Cover Sheet)(Hilton, Amy) (Entered: 06/10/2024)

1 Civil Cover Sheet

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Clearinghouse
2 June 11, 2024

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by State Of Texas, State of Montana. (Attachments: # 1 Exhibit A (Declaration of Emily Zalkovsky), # 2 Exhibit B (Declaration of Eric Bentley), # 3 Proposed Order)(Hilton, Amy) (Entered: 06/11/2024)

1 Exhibit A (Declaration of Emily Zalkovsky)

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2 Exhibit B (Declaration of Eric Bentley)

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3 Proposed Order

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3 June 12, 2024

SUMMONS Issued as to Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, and United States Department of Health and Human Services. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons)(ndc) (Entered: 06/12/2024)

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4 June 12, 2024

ORDER REGULATING PRACTICE (gsm) (Entered: 06/12/2024)

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June 12, 2024

Add and Terminate Judges

June 12, 2024

District Judge J. Campbell Barker added. (gsm)

5 June 13, 2024

NOTICE of Attorney Appearance - Pro Hac Vice by Christian Brian Corrigan on behalf of State of Montana. Filing fee $ 100, receipt number ATXEDC-10188919. (Corrigan, Christian) (Additional attachment(s) added on 6/13/2024: # 1 Sealed Attachment) (NKL). (Entered: 06/13/2024)

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6 June 13, 2024

NOTICE of Attorney Appearance - Pro Hac Vice by Peter Martin Torstensen, Jr on behalf of State of Montana. Filing fee $ 100, receipt number ATXEDC-10188931. (Torstensen, Peter) (Entered: 06/13/2024)

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7 June 14, 2024

ORDER OF RECUSAL. District Judge J. Campbell Barker recused. Case reassigned to District Judge Jeremy D. Kernodle for all further proceedings. Signed by District Judge J. Campbell Barker on 6/13/2024. (gsm) (Entered: 06/14/2024)

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8 June 14, 2024

NOTICE of Attorney Appearance by Ethan Quinn Szumanski on behalf of State Of Texas (Szumanski, Ethan) (Entered: 06/14/2024)

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9 June 17, 2024

JOINT MOTION re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by State Of Texas. (Attachments: # 1 Proposed Order)(Hilton, Amy) (Entered: 06/17/2024)

1 Proposed Order

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10 June 17, 2024

ORDER granting 9 Joint Motion for Scheduling Order. Defendants Response toPlaintiffs Motion for Temporary Restraining Order, Preliminary Injunction, and Stay of Agency Action is due on or before June 27, 2024, and Plaintiffs Reply is due on or before July 1, 2024. Signed by District Judge Jeremy D. Kernodle on 6/17/2024. (esw) (Entered: 06/17/2024)

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11 June 17, 2024

NOTICE of Attorney Appearance - Pro Hac Vice by Zachary Sherwood on behalf of All Defendants. (NKL) (Entered: 06/17/2024)

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12 June 25, 2024

NOTICE of Attorney Appearance - Pro Hac Vice by Nimrod Pitsker Elias on behalf of Xavier Becerra. Filing fee $ 100, receipt number ATXEDC-10207547. (Elias, Nimrod) (Entered: 06/25/2024)

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13 June 27, 2024

UNOPPOSED MOTION for Leave to File Amicus Brief of California and 19 Other States In Support of Defendants Opposition To Plaintiffs Motion For A Temporary Restraining Order, Preliminary Injunction, and Stay of Agency Action by State of California. (Elias, Nimrod) (Entered: 06/27/2024)

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14 June 27, 2024

CONSENT MOTION for Leave to File Opposition in Excess of Page Limitations by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services. (Attachments: # 1 Proposed Order)(Sherwood, Zachary) (Entered: 06/27/2024)

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15 June 27, 2024

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Sherwood, Zachary) (Entered: 06/27/2024)

1 Exhibit

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2 Exhibit

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3 Proposed Order

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16 June 27, 2024

Amicus Curiae APPEARANCE entered by Nimrod Pitsker Elias on behalf of State of California. (Elias, Nimrod) (Entered: 06/27/2024)

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17 July 1, 2024

REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by State Of Texas, State of Montana. (Hilton, Amy) (Entered: 07/01/2024)

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18 July 3, 2024

MEMORANDUM OPINION AND ORDER granting 2 Motion for Temporary Restraining Order, Motion for Preliminary Injunction filed by State of Texas and State of Montana. Signed by District Judge Jeremy D. Kernodle on 7/3/2024. (esw) (Entered: 07/03/2024)

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19 July 8, 2024

OPPOSED MOTION for Clarification 18 Memorandum & Opinion, Terminate Motions by State Of Texas, State of Montana. (Attachments: # 1 Proposed Order)(Hilton, Amy) Modified on 7/11/2024 (gsm). (Entered: 07/08/2024)

1 Proposed Order

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20 July 8, 2024

CORRECTED MOTION for Clarification 18 Memorandum & Opinion, Terminate Motions by State Of Texas, State of Montana. (Attachments: # 1 Proposed Order)(Hilton, Amy) Modified on 7/11/2024 (gsm). (Entered: 07/08/2024)

1 Proposed Order

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21 July 22, 2024

MOTION for Reconsideration of Court's Grant of Motion for Stay of Agency Action (ECF No. 18) by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services. (Attachments: # 1 Exhibit Excerpted M.D. Fla. Order, # 2 Proposed Order)(Sherwood, Zachary) (Entered: 07/22/2024)

1 Exhibit Excerpted M.D. Fla. Order

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2 Proposed Order

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22 July 22, 2024

RESPONSE in Opposition re 20 CORRECTED MOTION to Amend/Correct 18 Memorandum & Opinion, Terminate Motions filed by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services. (Attachments: # 1 Proposed Order)(Sherwood, Zachary) (Entered: 07/22/2024)

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23 July 26, 2024

SUMMONS Returned Executed by State Of Texas. Xavier Becerra served on 6/13/2024. (Hilton, Amy) (Entered: 07/26/2024)

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24 July 26, 2024

SUMMONS Returned Executed by State Of Texas. Centers for Medicare and Medicaid Services served on 6/13/2024. (Hilton, Amy) (Entered: 07/26/2024)

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25 July 26, 2024

SUMMONS Returned Executed by State Of Texas. Melanie Fontes Rainer served on 6/13/2024. (Hilton, Amy) (Entered: 07/26/2024)

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26 July 26, 2024

SUMMONS Returned Executed by State Of Texas. United States Department of Health and Human Services served on 6/13/2024. (Hilton, Amy) (Entered: 07/26/2024)

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27 July 29, 2024

NOTICE of Attorney Appearance by Kathleen T. Hunker on behalf of All Plaintiffs (Hunker, Kathleen) (Entered: 07/29/2024)

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28 July 29, 2024

Reply to Response to Motion

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29 July 29, 2024

CORRECTED REPLY to Response to Motion re 20 CORRECTED MOTION to Amend/Correct 18 Memorandum & Opinion, Terminate Motions filed by State Of Texas, State of Montana. (Hunker, Kathleen) (Entered: 07/29/2024)

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30 Aug. 5, 2024

SUR-REPLY to Reply to Response re 20 CORRECTED MOTION to Amend/Correct 18 Memorandum & Opinion, Terminate Motions filed by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services. (Sherwood, Zachary) (Entered: 08/05/2024)

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31 Aug. 5, 2024

RESPONSE in Opposition re 21 MOTION for Reconsideration of Court's Grant of Motion for Stay of Agency Action (ECF No. 18) filed by State Of Texas, State of Montana. (Hunker, Kathleen) (Additional attachment(s) added on 8/6/2024: # 1 Proposed Order) (gsm). (Entered: 08/05/2024)

1 Proposed Order

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32 Aug. 6, 2024

NOTICE of Attorney Appearance by Garrett Mitchell Greene on behalf of All Plaintiffs (Greene, Garrett) (Entered: 08/06/2024)

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33 Aug. 8, 2024

UNOPPOSED MOTION to Withdraw as Attorney Ethan Szumanski by State Of Texas, State of Montana. (Attachments: # 1 Proposed Order)(Hunker, Kathleen) (Entered: 08/08/2024)

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34 Aug. 8, 2024

UNOPPOSED MOTION to Withdraw as Attorney Amy Hilton by State Of Texas, State of Montana. (Attachments: # 1 Proposed Order)(Hunker, Kathleen) (Entered: 08/08/2024)

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35 Aug. 8, 2024

ORDER re 33 UNOPPOSED MOTION to Withdraw as Attorney Ethan Szumanski filed by State of Texas. Attorney Ethan Quinn Szumanski terminated. Signed by District Judge Jeremy D. Kernodle on 8/8/2024. (esw) (Entered: 08/08/2024)

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36 Aug. 8, 2024

ORDER re 34 UNOPPOSED MOTION to Withdraw as Attorney Amy Hilton filed by State Of Texas. Attorney Amy Snow Hilton terminated. Signed by District Judge Jeremy D. Kernodle on 8/8/2024. (esw) (Entered: 08/08/2024)

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37 Aug. 8, 2024

UNOPPOSED MOTION for Extension of Time to File Answer by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services. (Attachments: # 1 Proposed Order)(Sherwood, Zachary) (Entered: 08/08/2024)

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38 Aug. 9, 2024

ORDER granting 37 Motion for Extension of Time to Respond to Plaintiffs' Complaint. Defendants' response is due on or before October 7, 2024. Signed by District Judge Jeremy D. Kernodle on 8/9/2024. (esw) (Entered: 08/09/2024)

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39 Aug. 12, 2024

REPLY to Response re 21 MOTION for Reconsideration of Court's Grant of Motion for Stay of Agency Action (ECF No. 18) filed by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services. (Sherwood, Zachary) (Entered: 08/12/2024)

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40 Aug. 29, 2024

UNOPPOSED MOTION for Extension of Time to File Notice of Appeal by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services. (Attachments: # 1 Proposed Order)(Sherwood, Zachary) (Entered: 08/29/2024)

1 Proposed Order

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41 Aug. 30, 2024

ORDER MODIFYING STAY and GRANTING 20 Motion to Amend/Correct; granting 21 Motion for Reconsideration re 20 CORRECTED MOTION to Amend/Correct 18 Memorandum & Opinion. Signed by District Judge Jeremy D. Kernodle on 8/30/2024. (gsm) (Entered: 08/30/2024)

Clearinghouse
42 Aug. 30, 2024

ORDER denying as moot 40 Motion for Extension of Time to File Notice of Appeal. Signed by District Judge Jeremy D. Kernodle on 8/30/2024. (esw) (Entered: 08/30/2024)

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43 Aug. 30, 2024

NOTICE OF APPEAL as to 18 Memorandum & Opinion, Terminate Motions, 41 Order on Motion to Amend/Correct, Order on Motion for Reconsideration by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services. (Sherwood, Zachary) (Entered: 08/30/2024)

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44 Sept. 3, 2024

NOTICE of Attorney Appearance by Ryan Daniel Walters on behalf of State Of Texas (Walters, Ryan) (Entered: 09/03/2024)

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Sept. 11, 2024

USCA Notice of Docketing NOA

Sept. 11, 2024

NOTICE of Docketing Notice of Appeal from USCA re 43 Notice of Appeal, filed by Centers for Medicare and Medicaid Services, United States Department of Health and Human Services, Xavier Becerra, Melanie Fontes Rainer. USCA Case Number 24-40568 (gsm)

45 Sept. 30, 2024

JOINT MOTION to Stay Proceedings by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services. (Attachments: # 1 Proposed Order)(Sherwood, Zachary) (Entered: 09/30/2024)

1 Proposed Order

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46 Oct. 2, 2024

ORDER STAYING CASE. Signed by District Judge Jeremy D. Kernodle on 10/2/2024. (gsm) (Entered: 10/02/2024)

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47 Jan. 31, 2025

NOTICE of Attorney Withdrawal and Designation of Lead Counsel by State Of Texas (Walters, Ryan) (Entered: 01/31/2025)

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48 Feb. 3, 2025

UNOPPOSED MOTION to Withdraw as Attorney Ryan D. Walters by State Of Texas. (Attachments: # 1 Proposed Order)(Walters, Ryan) (Entered: 02/03/2025)

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49 Feb. 3, 2025

ORDER granting 48 UNOPPOSED MOTION to Withdraw as Attorney Ryan D. Walters filed by State of Texas. Attorney Ryan Daniel Walters terminated. Signed by District Judge Jeremy D. Kernodle on 2/3/2025. (esw) (Entered: 02/03/2025)

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50 March 20, 2025

MANDATE of USCA as to 43 Notice of Appeal, filed by Centers for Medicare and Medicaid Services, United States Department of Health and Human Services, Xavier Becerra, Melanie Fontes Rainer. The appeal is dismissed as of March 14, 2025 pursuant to the stipulation of the parties. (Attachments: # 1 USCA Cover Letter)(gsm) (Entered: 03/20/2025)

1 USCA Cover Letter

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51 April 16, 2025

JOINT STATUS REPORT by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services. (Sherwood, Zachary) (Entered: 04/16/2025)

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52 April 17, 2025

ORDER STAYING CASE. Signed by District Judge Jeremy D. Kernodle on 4/17/2025. (gsm) (Entered: 04/17/2025)

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53 June 12, 2025

JOINT STATUS REPORT by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services. (Sherwood, Zachary) (Entered: 06/12/2025)

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54 Oct. 29, 2025

MOTION to Substitute Attorney Kathleen Hunker and Withdraw Garrett Greene pursuant LR CV-11(c) by State Of Texas. (Attachments: # 1 Proposed Order Granting Substitution)(Bryant, M) (Entered: 10/29/2025)

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55 Oct. 30, 2025

ORDER granting 54 Motion to Substitute Attorney. Attorney Garrett Mitchell Greene and Kathleen T. Hunker terminated. Signed by District Judge Jeremy D. Kernodle on 10/30/2025. (gsm) (Entered: 10/30/2025)

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56 Dec. 15, 2025

NOTICE of Attorney Appearance by Liam Holland on behalf of All Defendants (Holland, Liam) (Entered: 12/15/2025)

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57 Dec. 15, 2025

NOTICE of Substitution of Counsel by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services (Holland, Liam) (Entered: 12/15/2025)

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58 April 2, 2026

ORDER for Status Report. The parties are ORDERED to file a joint status report by April 16, 2026, informing the Court of the status of the case. Signed by District Judge Jeremy D. Kernodle on 4/2/2026. (esw) (Entered: 04/02/2026)

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Case Details

State / Territory:

Texas

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: June 10, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The State of Texas and the State of Montana

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Centers for Medicare & Medicaid Services (CMS)

Melanie Fontes Rainer

United States Department of Health and Human Services

Xavier Becerra

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Other Dockets:

Eastern District of Texas 6:24-cv-00211

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Issues

Affected Sex/Gender(s):

Transgender

Reproductive rights:

Abortion

Recommended Citation