Transgender Health Care Cases From North Carolina, West Virginia Head to Appeals Court

The 4th U.S. Circuit Court of Appeals will assemble as a full court to hear two transgender health care cases from North Carolina and West Virginia. A court commonly assembles as a full bench but reviewing through a full court will allow consistency for both cases.

On April 12, the 4th U.S. Circuit Court of Appeals announced that it will assemble as a full court to review two transgender health care cases from the states of North Carolina and West Virginia. These orders were made after two panels of judges have heard arguments for the cases but have not issued any ruling yet.

According to Levanier, it is more common for a court to assemble as a full bench after a panel of three judges issues a written decision. However, for both transgender health care cases previously heard in January and in March, the 4th Circuit decided to grant a full court review. The 4th Circuit did not give any rationale for its orders but Tara Borelli, Lambda Legal Defense & Education Fund senior attorney, stated that the orders were made to allow for consistency across the issues in both cases.

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Transgender Health Care Cases To Be Reviewed

An article on NBC News states that the appeals court in Virginia will hear whether the state health insurance plan of North Carolina can cover the commonly needed transgender health care treatments like hormone therapy and reassignment surgery. Furthermore, the appeals court also stated that it would review an identical case from West Virginia that involves the state’s Medicaid program. Thus far, there are still no dates established as to when the arguments for both cases will be heard.

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