DOJ Files Brief in State Attorneys General Challenge
Yesterday, the U.S. Department of Justice (DOJ) filed a brief in the U.S. Court of Appeals for the Eighth Circuit. Kansas v. Kennedy was brought by 20 states’ attorneys general in the Northern District of Iowa to challenge the Biden-era staffing mandate rule. In late 2024, the District Court denied the states’ request for a preliminary injunction based on the facility assessment included in the mandate.
The Court ruled that the plaintiffs failed to establish irreparable harm as the burden and costs associated facility assessments had already occurred, and any other harm was too speculative and non-imminent. The states appealed this and were again denied. The states filed another appeal, this time with the Eighth Circuit. The DOJ’s brief argued against the states’ appeal based on the failure to show imminent harm. Note: AHCA v. Kennedy, our case in the Northern District of Texas, did not include a request for preliminary injunction as our counsel determined we would not be able to show the imminent harm required.
Yesterday’s brief, filed by career staff at DOJ, is in keeping with DOJ’s standard operating procedure to continue defending federal regulations unless and until they are rescinded, regardless of whether a given regulation reflects the current Administration’s policy views. This does not mean that the Trump Administration supports the staffing mandate.
We and our co-plaintiffs remain confident in the strength of our case in the Northern District of Texas. We also remain confident that Congress will repeal the staffing mandate through budget reconciliation. Meanwhile, we will continue to engage with Administration officials about this issue, especially as new appointees were recently confirmed.
It’s unfortunate that career DOJ lawyers must continue to try to defend this flawed and overreaching policy when the law is clear that CMS is exceeding its statutory authority. This is all the more reason we are fighting to put this issue to rest and continue to pursue all angles with Congress, the Administration, and the Courts. We are optimistic this will be resolved soon.
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