As Republican President-elect Donald Trump prepares for his second term in office next year, he will inherit a range of healthcare-related lawsuits challenging the policies of the Biden administration. These cases provide an immediate opportunity for Trump to reshape healthcare policy before any new legislation or rules are enacted, offering insight into his approach to key issues. Below are some of the healthcare cases to watch in 2025.
Abortion rights
One of the most prominent areas of legal contention is abortion, particularly following the U.S. Supreme Court’s 2022 ruling that allowed individual states to ban abortion. Although Trump did not campaign on specific abortion policies, his administration will need to take a position on several ongoing legal battles.
In a significant case, three Republican-led states are attempting to restrict the distribution of mifepristone, an abortion pill. The Biden administration has defended loosening restrictions on the drug in recent years, but under a second Trump term, the administration could reverse these changes.
Additionally, the Biden administration sued Idaho in 2022 over the state’s near-total abortion ban, claiming it violates the federal Emergency Medical Treatment and Labor Act, which mandates that hospitals must stabilise patients in medical emergencies. A court order currently bars Idaho from enforcing the ban in emergency situations, but Idaho has appealed. If the U.S. Supreme Court upholds the Idaho law, Trump could abandon Biden’s stance and allow the ban to take effect.
Drug pricing
The Biden administration’s Inflation Reduction Act of 2022 included a measure requiring drug companies to negotiate with Medicare over the prices of certain medications. This has faced multiple lawsuits from the pharmaceutical industry, many of which have been unsuccessful at the trial court level. However, one case was recently revived by the 5th Circuit Court of Appeals.
The pharmaceutical industry is pushing Trump and the incoming Republican majority to amend the law, particularly to extend the market exclusivity period for new drugs before they are subject to price negotiations. While it is unlikely that Trump will attempt to repeal the entire drug pricing measure, his administration will have to decide whether to defend the law in court. If Trump’s administration chooses not to defend it robustly, the courts may begin to undermine the policy.
Preventive care
Since Biden’s administration took office, it has defended the Affordable Care Act’s requirement that health insurance plans cover preventive services such as cancer screenings, vaccines, and pre-exposure prophylaxis against HIV. This has been challenged by Christian-owned businesses in Texas, with the 5th Circuit ruling earlier this year that the method used by the U.S. Department of Health and Human Services (HHS) to select which services must be covered is unconstitutional.
It remains uncertain how Trump’s administration will approach this case, particularly given his selection of Robert F. Kennedy Jr. as his nominee for Secretary of Health and Human Services. Kennedy is a vocal critic of vaccines, and many public health experts warn that rolling back the preventive care mandate could harm public health outcomes.
Healthcare for transgender minors
One of the most contentious issues under the Biden administration has been healthcare for transgender minors, particularly a Tennessee law banning gender transition treatments such as puberty blockers and hormones. This case is already set to be decided by the U.S. Supreme Court.
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Another pending case involves a rule by HHS prohibiting recipients of federal Medicare and Medicaid funds from discriminating based on gender identity. A federal judge has temporarily blocked the rule following a challenge by Republican states. Given Trump’s previous record on transgender rights, including rolling back protections in his first term, it is likely that his administration will not defend this rule in court, paving the way for it to be rescinded.
Nursing home staffing
The Biden administration introduced new regulations in 2024 for staffing in nursing homes that receive Medicare and Medicaid funding. The new rule mandates that nursing homes employ a registered nurse 24 hours a day and ensure a minimum level of total nursing care for residents. This has faced opposition from industry groups and Republican attorneys general, who argue that it fails to consider the nationwide nurse shortage and could force rural nursing homes out of business.
Given the widespread opposition, it is expected that Trump, along with the incoming Republican majority, will move to eliminate the rule. The Trump administration could signal its intentions immediately by ceasing to defend the rule in court, setting the stage for a quick rollback of these regulations.
As President Trump steps into his second term, these and other cases could serve as a platform for him to enact changes to the healthcare landscape in the U.S., and could have long-lasting impacts on the accessibility and affordability of healthcare for millions of Americans.
