South Carolina – South Carolina Attorney General Alan Wilson has joined a new multistate legal effort aimed at overturning a Biden-era federal health rule that, according to challengers, would place medical providers under pressure to follow disputed requirements tied to “s** stereotypes.”
Wilson announced Tuesday that South Carolina is part of a 10-state friend-of-the-court brief filed with the Fifth Circuit Court of Appeals.
The brief supports a challenge brought by McComb Children’s Clinic against a Department of Health and Human Services rule dealing with discrimination based on “s** stereotypes.”
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At the center of the case is the clinic’s argument that the rule overlaps with a separate “gender identity” provision that has already been vacated. According to the challenge, the rule could affect clinics and providers that treat patients through federally funded programs such as Medicaid or the Children’s Health Insurance Program.
The dispute carries high stakes for medical offices that rely on federal health programs to serve children and families. McComb Children’s Clinic alleges that the rule would require some providers to perform or help facilitate body-altering “gender-transition” procedures and to speak in support of gender-transition efforts, even when doing so conflicts with their position.
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Wilson framed the legal fight as part of a broader pushback against federal policies adopted under the previous administration.
“The previous administration pressed down many rules on citizens that were antithetical to biology and common sense,” Attorney General Wilson stated.
“Healthcare for children and adults should be based on biological realities and not woke gender ideologies.”
The South Carolina Attorney General’s Office said providers such as McComb Children’s Clinic could face serious consequences if they refuse to comply with the rule. Those consequences could include financial penalties or exclusion from treating patients whose care is paid for through federally funded programs.
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The brief was led by Missouri and joined by Wilson along with the attorneys general of Alabama, Arkansas, Georgia, Idaho, Indiana, Kansas, Louisiana and Nebraska. Together, the states are urging the Fifth Circuit to side with the challenge and reject the rule’s continued application.
More information on Wilson’s announcement is available through the South Carolina Attorney General’s Office, which also provided access to the legal brief connected to the case.
