Mar. 3, 2026
States challenge HHS grant conditions as an unlawful expansion of Title IX
Twelve states have sued HHS, CMS, Robert F. Kennedy Jr., and others over Executive Order 14168, arguing that conditioning federal funding on compliance with a binary-only sex policy improperly attempts to amend Title IX, exposes grant recipients to False Claims Act liability, and forces states and organizations to navigate contested legal and financial risks.
Misa K. Eiritz
Counsel
Manatt, Phelps & Phillips, LLP
Complex Civil Litigation, Investigations and Business Disputes.
Phone: 310-312-4000
Email: meiritz@manatt.com
On Jan. 13, 2026, 12 states filed suit against the Department of Health and Human Services (HHS), the Centers for Medicare and Medicaid Services, Robert F. Kennedy Jr., and other defendants challenging an HHS policy that conditions billions of dollars in federal funding on state compliance with a presidential executive order that allegedly forces discrimination against transgender people. $95
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