West Virginia is asking the US Supreme Court to consider transgender surgery Medicaid coverage case

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West Virginia is asking the US Supreme Court to consider transgender surgery Medicaid coverage case
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CHARLESTON, W.Va. (AP) — West Virginia is asking the U.S. Supreme Court to review rulings that found the state's refusal to cover certain health care for transgender people with government-sponsored insurance is discriminatory, Republican Attorney General Patrick Morrisey said Thursday.

FILE - West Virginia Attorney General Patrick Morrisey presents opening arguments during a trial, April 4, 2022, in Charleston, W.Va. On Thursday, July 11, 2024, Morrisey announced that the state is appealing a case to the U.S. Supreme Court over a transgender middle school athlete’s right to compete. that found the state’s refusal to cover certain health care for transgender people with government-sponsored insurance is discriminatory, Republican Attorney General Patrick Morrisey said Thursday.

The state of West Virginia had argued that officials in states with limited resources should have discretion to utilize those resources as they see fit to meet the needs of the population. West Virginia is one of the U.S. states with the most people living under the poverty line and the worst health outcomes.

In the majority 4th Circuit opinion, judges said the cost of treatment is not a sufficient argument to support upholding a policy found to be discriminatory: “Especially where government budgets are involved, there will frequently be a ‘rational’ basis for discrimination,” Judge Gregory wrote. A spokesperson for Morrisey’s office said Thursday that North Carolina is also asking the U.S. Supreme Court to take up its case.

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