The Biden administration has now reportedly decided against asking the Supreme Court to get involved with its mandate that healthcare providers provide and cover transgender operations.
For the second time, the federal government has opted against seeking a high court review of negative rulings over its mandate, which would have required physicians to perform genital mutilation procedures and administer cross-sex hormones and puberty blockers against their moral convictions.
The Biden administration has failed to uphold its mandate in two court circuits, the other being the 5th, by missing the June 20 deadline to appeal the case from the 8th U.S. Circuit Court of Appeals.
In a majority decision issued in December, the 8th Circuit blocked the Department of Health and Human Services’ mandate on behalf of a number of Catholic hospitals, nuns, and a university, including the plaintiff Religious Sisters of Mercy.
The requirement stems from how Obamacare was interpreted by HHS and the Equal Employment Opportunity Commission, who ruled that hospitals and doctors had to offer transitional care for both children and adults.
The Religious Freedom Restoration Act, according to the judges, is in contradiction with the mandate.