Florida officials and a coalition of medical professionals are asking the 11th Circuit Court of Appeals to revive a high-stakes lawsuit against federal healthcare regulations, arguing a lower court judge improperly tossed the case based on incorrect assumptions about the new presidential administration.
In an opening brief filed last Monday, Florida Attorney James Uthmeier’s office, alongside the Catholic Medical Association (CMA), contends that a district court violated due process by summarily dismissing their challenge to a Department of Health and Human Services (HHS) rule.
The rule in question, finalized in 2024, redefines sex discrimination in healthcare to include “gender identity.”
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The legal battle centers on whether the change in the White House renders the lawsuit moot. Following President Donald Trump’s inauguration in January 2025, the new administration issued executive orders regarding “gender ideology” and biological sex definitions. Citing these political shifts, a district court judge dismissed Florida’s lawsuit in June 2025, declaring the case “moot and not capable of repetition.”
Florida’s legal team argues this dismissal was premature and legally unsound. The state asserts that despite the new executive orders, the 2024 HHS regulation remains “fully on the books.”
“The district court was wrong to bury this case alive,” the brief states.
The plaintiffs argue that as long as the regulation exists, healthcare providers and state agencies face a “credible threat” of enforcement. They point out that private parties could still file lawsuits under the False Claims Act against entities that refuse to comply with the gender identity mandates.
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The 2024 rule requires covered health entities to provide access to facilities consistent with a patient’s gender identity and prohibits categorical coverage exclusions for gender-affirming care. Florida agencies argue this puts them in an impossible bind, as compliance would require them to violate Florida state laws that restrict public funding for gender-transition procedures and mandate sex-separated facilities in certain public buildings.
Matt Bowman, senior counsel for Alliance Defending Freedom, which represents the Catholic Medical Association, argued that the rule forces medical professionals to choose between their livelihood and their ethical or religious convictions.
“The previous administration’s attempt to hijack the medical field was unlawful,” Bowman said in a statement. “The HHS rule, as it stands, will harm those suffering from gender dysphoria, especially children, and punish doctors who seek to provide them with the best care.”
The appellants are asking the 11th Circuit to reverse the dismissal and reinstate a preliminary injunction that had previously shielded Florida entities from the rule. They argue that mere executive orders do not repeal federal regulations and that a court judgment is necessary to protect the state’s sovereign interests.
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