Case: Misanin v. Wilson

2:24-cv-04734 | U.S. District Court for the District of South Carolina

Filed Date: Aug. 29, 2024

Closed Date: Oct. 7, 2025

Clearinghouse coding complete

Case Summary

Plaintiffs in this case challenge South Carolina's ban on gender-affirming care for minors as well as the ban on Medicaid coverage of gender-affirming care for transgender individuals regardless of age. On August 29, 2024, several plaintiffs brought this putative class action suit in the United States District Court for the District of South Carolina, alleging that South Carolina House Bill 4624, restricting access to “gender transition procedures,” violated the Fourteenth Amendment's Equal Pro…

Plaintiffs in this case challenge South Carolina's ban on gender-affirming care for minors as well as the ban on Medicaid coverage of gender-affirming care for transgender individuals regardless of age. On August 29, 2024, several plaintiffs brought this putative class action suit in the United States District Court for the District of South Carolina, alleging that South Carolina House Bill 4624, restricting access to “gender transition procedures,” violated the Fourteenth Amendment's Equal Protection Clause and Due Process Clause, Section 1557 of the Affordable Care Act, the Medicaid Act's Comparability and Availability requirements, the ADA, and the Rehabilitation Act. They sought preliminary and permanent injunctions against H 4624. The case was assigned to Judge Bruce Howe Hendricks. 

Plaintiffs sought class certification with four classes --

  1. Minor class: All minors in South Carolina diagnosed with gender dysphoria and whose medically indicated treatment, as judged by their licensed medical professional, includes or will include the provision of “gender transition procedures,” as defined by H 4624.
  2. Parent class: All parents and legal guardians of minors diagnosed with gender dysphoria and whose medically indicated care, as judged by their licensed medical professional, includes or will include the provision of “gender transition procedures,” as defined by H 4624. 
  3. Insurance class: All individuals with gender dysphoria who receive health insurance through a state-funded health insurance plan, such as South Carolina Medicaid or South Carolina’s PEBA, and who, because of S.C. Code Ann. § 44-42-340, are or will be denied coverage for medically indicated “gender transition procedures,” as defined by H 4624. 
  4. MUSC (Medical University of South Carolina) class: All individuals with gender dysphoria who receive medical care through MUSC but who, because of S.C. Code Ann. § 44-42-340, are or will be denied medically indicated “gender transition procedures,” as defined by H 4624. 

On August 30, 2024, plaintiffs filed a motion for preliminary injunction. Prior to entry of a scheduling order on this motion, the case was reassigned to Judge Richard M. Gergel on October 2; briefing proceeded on an agreed-upon schedule. On November 12, both parties submitted a joint motion agreeing to delay litigation of a motion to dismiss until the court had ruled on the class certification and preliminary injunction. The court granted this in part, staying the motion-to-dismiss date until further action of the court and soliciting feedback from both parties regarding the possibility of an administrative stay while several appellate courts tackle highly relevant issues.

On December 19, 2024, the court stayed all proceedings in this case "until the Supreme Court enters an order on the merits in [United States v.] Skrmetti or the Supreme Court’s October 2024-June 2025 term ends, whichever is sooner." In June 2025, the Supreme Court upheld a similar law in Tennessee (click here for more information on Skrmetti). 

In light of the Court's decision, the plaintiffs voluntarily dismissed this case on October 7, 2025. The case is now closed. 

Summary Authors

Kyle O'Hara (2/21/2025)

Madilynn O'Hara (12/30/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69116987/parties/misanin-v-wilson/


Judge(s)

Gergel, Richard Mark (South Carolina)

Hendricks, Bruce Howe (South Carolina)

Attorney for Plaintiff

Carolan, Aine Constance (South Carolina)

Flugman, David Scott (South Carolina)

Attorney for Defendant

Barnes, Brian W (South Carolina)

Documents in the Clearinghouse

Documents in this case
1

2:24-cv-04734

Class Action Complaint for Declaratory and Injunctive Relief

Aug. 29, 2024

Aug. 29, 2024

Complaint
7

2:24-cv-04734

Plaintiffs' Motion for a Preliminary Injunction

Aug. 30, 2024

Aug. 30, 2024

Pleading / Motion / Brief
38

2:24-cv-04734

Scheduling Order to Resolve Plaintiffs' Motions for a Preliminary Injunction and Class Certifications

Oct. 3, 2024

Oct. 3, 2024

Order/Opinion
43

2:24-cv-04734

Order Regarding Discovery Related to Plaintiffs' Motion for a Preliminary Injunction and Class Certification

Oct. 7, 2024

Oct. 7, 2024

Order/Opinion
44

2:24-cv-04734

Consent Motion for Entry of Confidentiality Order

Oct. 11, 2024

Oct. 11, 2024

Pleading / Motion / Brief
45

2:24-cv-04734

Stipulated Confidentiality Agreement and Protective Order

Oct. 15, 2024

Oct. 15, 2024

Order/Opinion
49

2:24-cv-04734

Order

Nov. 14, 2024

Nov. 14, 2024

Order/Opinion

Resources

Resources related to this case
Title Description External URL Date / External URL

Misanin v. Wilson

Jan. 17, 2025

Jan. 17, 2025

https://www.aclu.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69116987/misanin-v-wilson/

Last updated July 28, 2026, 7:07 p.m.

Docket for: Misanin v. Wilson
ECF Number Date Description Link
1 Aug. 29, 2024

COMPLAINT against Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr ( Filing fee $ 405 receipt number ASCDC-11963867.), filed by Jill Ray, Sterling Misanin, Grant Goe, Nancy Noe, Jane Doe, Nina Noe, Gary Goe. Service due by 11/27/2024(rhei, ) (Entered: 08/30/2024)

Clearinghouse
3 Aug. 29, 2024

Local Rule 26.01 Answers to Interrogatories by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray.(rhei, ) (Entered: 08/30/2024)

RECAP
4 Aug. 30, 2024

Summons Issued as to Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr. (rhei, ) (Entered: 08/30/2024)

RECAP
5 Aug. 30, 2024

MOTION To Proceed Under Pseudonyms by Jane Doe, Gary Goe, Grant Goe, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 9/13/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(McPhail, Meredith) (Entered: 08/30/2024)

RECAP
6 Aug. 30, 2024

MOTION to Certify Class by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 9/13/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(McPhail, Meredith) (Entered: 08/30/2024)

RECAP
7 Aug. 30, 2024

MOTION for Preliminary Injunction by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 9/13/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Expert Declaration of Dan Karasic, # 2 Exhibit Expert Declaration of Johanna Olson-Kennedy, # 3 Exhibit Expert Declaration of Armand Antommaria, # 4 Exhibit Expert Declaration of Daniel Shumer, # 5 Exhibit Declaration of Nancy Noe, # 6 Exhibit Declaration of Nina Noe, # 7 Exhibit Declaration of Gary Goe, # 8 Exhibit Declaration of Grant Goe, # 9 Exhibit Declaration of Jane Doe, # 10 Exhibit Declaration of Jill Ray, # 11 Exhibit Declaration of Sterling Misanin)No proposed order.(McPhail, Meredith) (Entered: 08/30/2024)

1 Exhibit Expert Declaration of Dan Karasic

View on RECAP

2 Exhibit Expert Declaration of Johanna Olson-Kennedy

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3 Exhibit Expert Declaration of Armand Antommaria

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4 Exhibit Expert Declaration of Daniel Shumer

View on RECAP

5 Exhibit Declaration of Nancy Noe

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6 Exhibit Declaration of Nina Noe

View on RECAP

7 Exhibit Declaration of Gary Goe

View on RECAP

8 Exhibit Declaration of Grant Goe

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9 Exhibit Declaration of Jane Doe

View on RECAP

10 Exhibit Declaration of Jill Ray

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11 Exhibit Declaration of Sterling Misanin

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Clearinghouse
8 Sept. 17, 2024

MOTION to Appear Pro Hac Vice by Aine Constance Carolan ( Filing fee $ 350 receipt number ASCDC-11997440) by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 10/1/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(McPhail, Meredith) (Entered: 09/17/2024)

RECAP
9 Sept. 17, 2024

MOTION to Appear Pro Hac Vice by Christopher Ian Taylor ( Filing fee $ 350 receipt number ASCDC-11997488) by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 10/1/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(McPhail, Meredith) (Entered: 09/17/2024)

RECAP
10 Sept. 17, 2024

MOTION to Appear Pro Hac Vice by David Scott Flugman ( Filing fee $ 350 receipt number ASCDC-11997508) by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 10/1/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(McPhail, Meredith) (Entered: 09/17/2024)

RECAP
11 Sept. 17, 2024

MOTION to Appear Pro Hac Vice by Julie Rose Singer ( Filing fee $ 350 receipt number ASCDC-11997518) by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 10/1/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(McPhail, Meredith) (Entered: 09/17/2024)

RECAP
12 Sept. 17, 2024

MOTION to Appear Pro Hac Vice by Zachary Giles MacDonald Smith ( Filing fee $ 350 receipt number ASCDC-11997535) by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 10/1/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(McPhail, Meredith) (Entered: 09/17/2024)

RECAP
13 Sept. 18, 2024

TEXT ORDER granting 8 Motion to Appear Pro Hac Vice re Aine C. Carolan for the Plaintiffs. Signed by Honorable Bruce Howe Hendricks on 09/18/2024.(rhei, ) (Entered: 09/18/2024)

RECAP
14 Sept. 18, 2024

TEXT ORDER granting 9 Motion to Appear Pro Hac Vice re Christopher I. Taylor for the Plaintiffs. Signed by Honorable Bruce Howe Hendricks on 09/18/2024.(rhei, ) (Entered: 09/18/2024)

RECAP
15 Sept. 18, 2024

TEXT ORDER granting 10 Motion to Appear Pro Hac Vice re David S. Flugman for the Plaintiffs. Signed by Honorable Bruce Howe Hendricks on 09/18/2024.(rhei, ) (Entered: 09/18/2024)

RECAP
16 Sept. 18, 2024

TEXT ORDER granting 11 Motion to Appear Pro Hac Vice re Julie R. Singer for the Plaintiffs. Signed by Honorable Bruce Howe Hendricks on 09/18/2024.(rhei, ) (Entered: 09/18/2024)

RECAP
17 Sept. 18, 2024

TEXT ORDER granting 12 Motion to Appear Pro Hac Vice re Zachary Giles MacDonald Smith for the Plaintiffs. Signed by Honorable Bruce Howe Hendricks on 09/18/2024.(rhei, ) (Entered: 09/18/2024)

RECAP
Sept. 18, 2024

Order on Motion to Appear Pro Hac Vice

18 Sept. 19, 2024

MOTION to Appear Pro Hac Vice by Sruti J. Swaminathan ( Filing fee $ 350 receipt number ASCDC-12000590) by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 10/3/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(McPhail, Meredith) (Entered: 09/19/2024)

RECAP
19 Sept. 19, 2024

TEXT ORDER granting 18 Motion to Appear Pro Hac Vice re Sruti Janaki Swaminathan for the Plaintiffs. Signed by Honorable Bruce Howe Hendricks on 09/19/2024.(rhei, ) (Entered: 09/19/2024)

RECAP
Sept. 19, 2024

Order on Motion to Appear Pro Hac Vice

20 Sept. 23, 2024

NOTICE of Appearance by Thomas Tyler Hydrick on behalf of Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr (Hydrick, Thomas) (Entered: 09/23/2024)

RECAP
21 Sept. 23, 2024

MOTION to Appear Pro Hac Vice by David H. Thompson ( Filing fee $ 350 receipt number ASCDC-12006995) by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr. Response to Motion due by 10/7/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents, # 2 Supporting Documents, # 3 Supporting Documents)Proposed order is being emailed to chambers with copy to opposing counsel.(Hydrick, Thomas) (Entered: 09/23/2024)

RECAP
22 Sept. 23, 2024

MOTION to Appear Pro Hac Vice by John D. Ramer ( Filing fee $ 350 receipt number ASCDC-12007072) by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr. Response to Motion due by 10/7/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Application Addendum, # 3 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Hydrick, Thomas) (Entered: 09/23/2024)

RECAP
23 Sept. 23, 2024

MOTION to Appear Pro Hac Vice by Brian W. Barnes ( Filing fee $ 350 receipt number ASCDC-12007096) by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr. Response to Motion due by 10/7/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Application Addendum, # 3 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Hydrick, Thomas) (Entered: 09/23/2024)

RECAP
24 Sept. 23, 2024

MOTION to Appear Pro Hac Vice by Clark L. Hildabrand ( Filing fee $ 350 receipt number ASCDC-12007125) by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr. Response to Motion due by 10/7/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Application Addendum, # 3 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Hydrick, Thomas) (Entered: 09/23/2024)

RECAP
25 Sept. 23, 2024

MOTION to Appear Pro Hac Vice by Nicole J. Moss ( Filing fee $ 350 receipt number ASCDC-12007140) by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr. Response to Motion due by 10/7/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Application Addendum, # 3 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Hydrick, Thomas) (Entered: 09/23/2024)

RECAP
26 Sept. 23, 2024

Local Rule 26.01 Answers to Interrogatories by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr.(Hydrick, Thomas) (Entered: 09/23/2024)

RECAP
27 Sept. 24, 2024

TEXT ORDER granting 21 Motion to Appear Pro Hac Vice re David H. Thompson for the Defendants. Signed by Honorable Bruce Howe Hendricks on 09/24/2024.(rhei, ) (Entered: 09/24/2024)

RECAP
28 Sept. 24, 2024

TEXT ORDER granting 22 Motion to Appear Pro Hac Vice re John D. Ramer for the Defendants. Signed by Honorable Bruce Howe Hendricks on 09/24/2024.(rhei, ) (Entered: 09/24/2024)

RECAP
29 Sept. 24, 2024

TEXT ORDER granting 23 Motion to Appear Pro Hac Vice re Brian W. Barnes for the Defendants. Signed by Honorable Bruce Howe Hendricks on 09/24/2024.(rhei, ) (Entered: 09/24/2024)

RECAP
30 Sept. 24, 2024

TEXT ORDER granting 24 Motion to Appear Pro Hac Vice re Clark L. Hildabrand for the Defendants. Signed by Honorable Bruce Howe Hendricks on 09/24/2024.(rhei, ) (Entered: 09/24/2024)

RECAP
31 Sept. 24, 2024

TEXT ORDER granting 25 Motion to Appear Pro Hac Vice re Nicole J. Moss for the Defendants. Signed by Honorable Bruce Howe Hendricks on 09/24/2024.(rhei, ) (Entered: 09/24/2024)

RECAP
Sept. 24, 2024

Order on Motion to Appear Pro Hac Vice

33 Sept. 26, 2024

MOTION to Appear Pro Hac Vice by Harper Seldin ( Filing fee $ 350 receipt number ASCDC-12015543) by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 10/10/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(McPhail, Meredith) (Entered: 09/26/2024)

RECAP
34 Sept. 26, 2024

TEXT ORDER granting 33 Motion to Appear Pro Hac Vice re Harper S. Seldin for the Plaintiffs. Signed by Honorable Bruce Howe Hendricks on 09/26/2024.(rhei, ) (Entered: 09/26/2024)

RECAP
Sept. 26, 2024

Order on Motion to Appear Pro Hac Vice

35 Sept. 30, 2024

Joint MOTION Joint Motion for Scheduling Order by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr. Response to Motion due by 10/15/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order Joint Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Hydrick, Thomas) (Entered: 09/30/2024)

RECAP
36 Sept. 30, 2024

NOTICE of Appearance by Joseph David Spate on behalf of Alan Wilson (Spate, Joseph) (Entered: 09/30/2024)

RECAP
37 Oct. 2, 2024

Case Reassigned to Honorable Richard M Gergel. Honorable Bruce Howe Hendricks no longer assigned to the case. (bshr, ) (Entered: 10/02/2024)

RECAP
Oct. 2, 2024

Case Reassigned CV

38 Oct. 3, 2024

SCHEDULING ORDER TO RESOLVE PLAINTIFFS' MOTIONS FOR A PRELIMINARY INJUNCTION AND CLASS CERTIFICATION. IT IS THEREFORE ORDERED that the parties' Joint Motion For a Scheduling Order To Resolve Plaintiffs' Motions For A Preliminary Injunction And Class Certification is GRANTED, and the parties' proposed schedule is APPROVED. IT IS FURTHER ORDERED that Plaintiffs' motion to proceed pseudonymously, Doc. 5, is GRANTED. Deadline details set forth in order. Signed by Honorable Richard M Gergel on 10/3/24.(cper, ) (Entered: 10/03/2024)

Clearinghouse
39 Oct. 4, 2024

MOTION to Appear Pro Hac Vice by Corey Lynn Stoughton ( Filing fee $ 350 receipt number ASCDC-12029807) by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 10/18/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(McPhail, Meredith) (Entered: 10/04/2024)

RECAP
40 Oct. 4, 2024

Joint MOTION for Discovery by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr. Response to Motion due by 10/18/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Hydrick, Thomas) (Entered: 10/04/2024)

RECAP
41 Oct. 4, 2024

TEXT ORDER granting 39 Motion of Corey Lynn Stoughton to Appear Pro Hac Vice for Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 10/4/2024.(sshe, ) (Entered: 10/04/2024)

RECAP
Oct. 4, 2024

Order on Motion to Appear Pro Hac Vice

43 Oct. 7, 2024

ORDER granting 40 Motion for Discovery RELATED TO PLAINTIFFS' MOTIONS FOR A PRELIMINARY INJUNCTION AND CLASS CERTIFICATION. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 10/7/2024.(ltap, ) (Entered: 10/07/2024)

Clearinghouse
44 Oct. 11, 2024

Consent MOTION for Confidentiality Order by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 10/25/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order Proposed Order, # 2 Supporting Documents Proposed Order Redline)Proposed order is being emailed to chambers with copy to opposing counsel.(McPhail, Meredith) (Entered: 10/11/2024)

1 Proposed Order Proposed Order

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2 Supporting Documents Proposed Order Redline

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Clearinghouse
45 Oct. 15, 2024

STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER granting 44 Motion for Confidentiality Order. IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 10/15/2024.(sshe, ) (Entered: 10/15/2024)

Clearinghouse
46 Oct. 31, 2024

RESPONSE in Opposition re 7 MOTION for Preliminary Injunction Response filed by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr.Reply to Response to Motion due by 11/7/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit 1 Expert Decl. of James Cantor, # 2 Exhibit 2 Dep. of Johanna Olson-Kennedy, # 3 Exhibit 3 Dep. of Daniel Shumer, # 4 Exhibit 4 Dep. of Armand Antommaria, # 5 Exhibit 5 Dep. of Dan Karasic (redacted), # 6 Exhibit 6 Dep. Excerpts of Nancy Noe (redacted), # 7 Exhibit 7 Dep. Excerpts of Sterling Misanin)(Hydrick, Thomas) (Entered: 10/31/2024)

1 Exhibit 1 Expert Decl. of James Cantor

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2 Exhibit 2 Dep. of Johanna Olson-Kennedy

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3 Exhibit 3 Dep. of Daniel Shumer

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4 Exhibit 4 Dep. of Armand Antommaria

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5 Exhibit 5 Dep. of Dan Karasic (redacted)

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6 Exhibit 6 Dep. Excerpts of Nancy Noe (redacted)

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7 Exhibit 7 Dep. Excerpts of Sterling Misanin

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RECAP
47 Oct. 31, 2024

RESPONSE in Opposition re 6 MOTION to Certify Class Response filed by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr.Reply to Response to Motion due by 11/7/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit 1 Dep. Excerpts of Gary Goe, # 2 Exhibit 2 MUSC ROG Responses, # 3 Exhibit 3 DHHS ROG Responses, # 4 Exhibit 4 PEBA ROG Responses)(Hydrick, Thomas) (Entered: 10/31/2024)

1 Exhibit 1 Dep. Excerpts of Gary Goe

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2 Exhibit 2 MUSC ROG Responses

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3 Exhibit 3 DHHS ROG Responses

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4 Exhibit 4 PEBA ROG Responses

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RECAP
48 Nov. 12, 2024

Joint MOTION to Stay Motion-to-Dismiss Briefing by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr. Response to Motion due by 11/26/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Hydrick, Thomas) (Entered: 11/12/2024)

1 Proposed Order

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RECAP
49 Nov. 14, 2024

ORDER re 48 Joint MOTION to Stay: The Court grants in part and denies in part the motion. The Court hereby stays the date for the filing of motions to dismiss until further order of the Court. Before making a decision on whether to issue a brief stay of this action, the Court welcomes responses from the parties. Any party desiring to address this issue may file a response within 15 days of this Order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/14/2024. (ltap, ) (Entered: 11/14/2024)

Clearinghouse
50 Nov. 18, 2024

REPLY to Response to Motion re 6 MOTION to Certify Class Response filed by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. (Attachments: # 1 Exhibit Noe Dep. Tr. Excerpt, # 2 Exhibit Goe Dep. Tr. Excerpt)(McPhail, Meredith) (Entered: 11/18/2024)

RECAP
51 Nov. 18, 2024

REPLY to Response to Motion re 7 MOTION for Preliminary Injunction Response filed by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. (Attachments: # 1 Exhibit Cantor Tr., # 2 Exhibit Karasic R. Decl., # 3 Exhibit Shumer R. Decl., # 4 Exhibit Antommaria R. Decl., # 5 Exhibit Olson-Kennedy R. Decl.)(McPhail, Meredith) (Entered: 11/18/2024)

2

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5

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52 Nov. 20, 2024

NOTICE of Request for Protection from Court Appearance by Meredith Dyer McPhail for 12/23/24-1/3/25 (McPhail, Meredith) (Entered: 11/20/2024)

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53 Nov. 21, 2024

TEXT ORDER re 52 Notice of Request for Meredith Dyer McPhail for 12/23/24-1/3/25 for Protection from Court Appearance filed by Gary Goe, Nancy Noe, Jill Ray, Jane Doe, Grant Goe, Nina Noe, Sterling Misanin. Counsel should please know the protection request is duly noted and taken under advisement. Entered at the Direction of Honorable Richard M Gergel on 11/21/2024. (sshe, ) (Entered: 11/21/2024)

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Nov. 21, 2024

Order

54 Nov. 27, 2024

REPLY by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray to 49 Order,, . (McPhail, Meredith) (Entered: 11/27/2024)

RECAP
55 Nov. 29, 2024

REPLY by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr to Court's Order (ECF No. 49). (Hydrick, Thomas) (Entered: 11/29/2024)

RECAP
56 Dec. 19, 2024

ORDER granting 48 Motion to Stay. The Court hereby stays this action until the Supreme Court enters an order on the merits in Skrmetti or the Supreme Court's October 2024-June 2025 term ends, whichever is sooner. If theSupreme Court enters an order in Skrmetti addressing the merits of the appeal during its present term, Plaintiffs and Defendants are directed to file with this Court their views regarding the impact, if any, of the Skremetti decision on the issues present in this action. The parties shall make theirsubmissions within 15 days of the Supreme Court's order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/19/2024.(sshe, ) (Entered: 12/19/2024)

RECAP
57 Feb. 5, 2025

MOTION to Appear Pro Hac Vice by Alexandra R. Johnson ( Filing fee $ 350 receipt number ASCDC-12247048) by Nina Noe, Nancy Noe, Grant Goe, Gary Goe, Sterling Misanin, Jane Doe, Jill Ray. Response to Motion due by 2/19/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing)No proposed order.(McPhail, Meredith) (Entered: 02/05/2025)

RECAP
58 March 6, 2025

MOTION to Withdraw as Attorney by Christopher Taylor by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 3/20/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(McPhail, Meredith) (Entered: 03/06/2025)

RECAP
59 March 6, 2025

TEXT ORDER granting 58 Motion for Christopher Taylor to Withdraw as Attorney. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 3/6/2025.(ltap, ) (Entered: 03/06/2025)

RECAP
March 6, 2025

Order on Motion to Withdraw as Attorney

61 April 7, 2025

TEXT ORDER granting 57 Motion of Alexandra R. Johnson to Appear Pro Hac Vice for Nina Noe, Nancy Noe, Grant Goe, Gary Goe, Sterling Misanin, Jane Doe, Jill Ray. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 4/7/2025.(sshe, ) (Entered: 04/07/2025)

RECAP
April 7, 2025

Order on Motion to Appear Pro Hac Vice

63 June 3, 2025

MOTION to Withdraw as Attorney Zachary Smith by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 6/17/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(McPhail, Meredith) (Entered: 06/03/2025)

RECAP
64 July 3, 2025

REPLY by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr to Court's Order (ECF No. 56). (Hydrick, Thomas) (Entered: 07/03/2025)

RECAP
65 July 3, 2025

REPLY by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray to 56 Order on Motion to Stay,, . (McPhail, Meredith) (Entered: 07/03/2025)

RECAP
66 July 7, 2025

ORDER STAYING case until such time as the Fourth Circuit has reached a decision on remand in Kadel. The Parties are directed to submit briefing on the impact of the Fourth Circuit's decision on their case within 14 days after the Fourth Circuit issues a decision in Kadel following remand. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 7/7/25. (cper, )

RECAP
67 July 7, 2025

TEXT ORDER: For good cause shown, Plaintiff's motion for withdrawal of Zachary Smith as counsel is GRANTED. (Dkt. No. 63). AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 7/7/2025.(ltap, ) (Entered: 07/07/2025)

RECAP
July 7, 2025

Order on Motion to Withdraw as Attorney

69 Oct. 7, 2025

REPLY by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr to Court's Order (ECF No. 66). (Hydrick, Thomas) (Entered: 10/07/2025)

RECAP
70 Oct. 7, 2025

NOTICE of Voluntary Dismissal by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray (McPhail, Meredith) (Entered: 10/07/2025)

RECAP

Case Details

State / Territory:

South Carolina

Case Type(s):

Healthcare Access and Reproductive Issues

Special Collection(s):

Transgender Healthcare Access Cases

Key Dates

Filing Date: Aug. 29, 2024

Closing Date: Oct. 7, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Several transgender adults and minors, as well as parents of transgender minors in South Carolina, whose medically indicated treatment includes or will include the provision of “gender transition procedures,” as well as transgender people in South Carolina who have been or will be denied state-funded insurance coverage for "gender transition procedures" or such procedures at the Medical University of South Carolina. Seeking to represent 4 subclasses: minors, parents, insurance, and MUSC.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

State

South Carolina Department of Health and Human Services

Defendant Type(s):

College/University

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Affordable Care Act Section 1557, 42 U.S.C. § 18116

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

District of South Carolina 2:24-cv-04734

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Discrimination Basis:

Gender identity

LGBTQ+:

LGBTQ+

Recommended Citation