June 29, 2023
On June 27, Arizona Governor Katie Hobbs issued an executive order that removes the ban on gender-affirming surgery for transgender state employees. In response to this landmark order, the ACLU and Willkie will file a motion with the court to approve a final class settlement in its case Toomey v. State of Arizona. Initially filed in 2019, Willkie and the ACLU challenged the exclusion of gender-affirming care from the healthcare plan that covers Arizona state employees. Governor Hobbs’ executive order follows years of litigation in which Willkie and the ACLU prevailed against State Defendants and the prior Arizona administration, including on motions to dismiss and to certify the classes, as well as in their vigorous pursuit of discovery, even up to the Ninth Circuit. The parties had fully briefed and prepared to argue summary judgment before settlement talks resumed in 2023.
More information about Toomey v. State of Arizona can be found here.
The Willkie team was led by partners Wesley R. Powell, Matthew S. Freimuth, and Jordan C. Wall.
