As President-elect Donald Trump prepares for his second term in office, a series of critical healthcare lawsuits will likely shape his administration’s approach to the nation’s healthcare policies. Many of these cases, inherited from the Biden administration, will offer Trump an immediate opportunity to take action, potentially shifting the trajectory of U.S. healthcare law. Below are the most pivotal cases to watch in 2024 and beyond.
1. Abortion Rights and Restrictions
Since the U.S. Supreme Court’s 2022 ruling that gave states the power to ban abortion, several high-profile lawsuits have focused on abortion access. One of the most significant ongoing cases involves Republican-led states seeking to restrict the distribution of mifepristone, a key abortion pill. Under President Biden, the FDA loosened restrictions on the drug, but a Trump administration could reverse that stance, impacting access nationwide.
Another key case concerns the emergency medical treatment requirement, particularly in Idaho, where the Biden administration has challenged the state’s abortion ban in medical emergencies. The U.S. Supreme Court has temporarily left a court order in place preventing Idaho from enforcing its law in such circumstances. If the Ninth Circuit Court of Appeals rules in favor of Idaho, Trump could swiftly abandon the Biden administration’s position and allow the state’s law to stand.
2. Drug Pricing and Industry Lawsuits
One of the Biden administration’s signature healthcare reforms was part of the Inflation Reduction Act of 2022, which mandates drug companies to negotiate with Medicare over drug prices. This initiative has faced numerous lawsuits, mostly from the pharmaceutical industry, but several have failed at the trial court level. However, one case was recently revived by the 5th Circuit, and the industry is pushing Trump to allow a longer period of exclusivity before drugs become subject to price negotiations.
Although it is unlikely that Trump will seek to repeal the entire drug pricing program, his administration will be faced with a decision: Will it defend the policy’s provisions in court, including penalties and deadlines, or allow courts to chip away at them?
3. Affordable Care Act’s Preventive Care Mandates
A 2020 lawsuit filed by Christian-owned businesses in Texas challenges the Affordable Care Act’s requirement for health plans to cover preventive services, including cancer screenings and HIV prevention. The 5th Circuit recently ruled that the method the government uses to select covered services is unconstitutional.
With Trump’s controversial choice of Robert F. Kennedy Jr., a vocal vaccine critic, for Secretary of Health and Human Services, it remains to be seen how Trump will address the future of preventive care mandates. Medical groups have warned that losing the mandate could harm public health outcomes across the nation.
4. Healthcare for Transgender Minors
Another major healthcare case involves transgender minors and their access to gender-affirming treatments. A case in Tennessee, which bans gender transition treatments for minors, is already headed to the U.S. Supreme Court. Additionally, the Biden administration’s rule prohibiting discrimination against transgender individuals in healthcare is currently under legal challenge from several Republican-led states.
Trump, who previously rolled back protections for transgender individuals during his first term, may seek to rescind or cease defending this rule in court, signaling a major policy shift in how gender identity is treated under federal healthcare law.
5. Nursing Home Staffing Regulations
In 2024, the Biden administration’s new staffing rules for nursing homes, which require 24-hour registered nurse coverage and increased nurse-to-resident ratios, are under attack. Industry groups and Republican attorneys general argue that the rules ignore the nationwide nursing shortage and could harm rural nursing homes.
Trump’s administration is widely expected to roll back these rules, potentially by ceasing to defend the current regulations in court, clearing the way for a reversal of the Obama-era policies that sought to combat nursing home abuse and neglect.
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