Laurie Edelstein

When the Trump administration rolled back Obama-era LGBTQ protections in the Affordable Care Act in June, Edelstein was ready to fire back.

Working with Lambda Legal as co-lead counsel, Edelstein filed a challenge to the rule change in federal court in Washington, D.C. On Sept. 2, a federal judge issued a preliminary injunction halting key aspects of the rule that discriminated against LGBTQ people.

The issue was highly-charged because the U.S. Supreme Court had--just days before the rule change--published an opinion that arguably foreclosed the government's attempt to deny to full protection of the ACA's nondiscrimination protections to LGBTQ individuals in health care settings. Whitman-Walker Clinic Inc. v. U.S. Department of Health & Human Services, 20-cv-01630 (D. D.C., filed June 22, 2020).

Edelstein has had a strong interest in civil rights. After getting her JD from Yale Law School, she applied and was hired to clerk for Judge Myron H. Thompson in Alabama's Middle District. Thompson, now a senior U.S. district judge, also studied at Yale and was the second African-American federal judge in the state. "A groundbreaking civil rights judge," Edelstein said. "I grew up in New York, but his reputation was such that I wanted to learn from him."

Seeking a preliminary injunction, Edelstein and colleagues quote what they call the ACA's clear statutory command: the government "shall not promulgate any regulation that...creates any unreasonable barriers to the ability of individuals to obtain appropriate medical care." It adds, "But that is precisely what HHS has done." It asserts that the rule change is in "defiance" of Bostock. The motion is pending.

Edelstein is defending PG&E Co. in 53 related lawsuits arising from the deadly 2016 Ghost Ship fire at a former Oakland warehouse used as an artist collective. Thirty-six persons died; family members sued, claiming PG&E knew or should have known of the dangerous conditions inside the structure. In re Ghost Ship Fire Litigation, RG16843631 (Alameda Co. Super. Ct., filed Dec. 23, 2016).

Trial has been postponed until February. Edelstein declined to discuss the case. The defense has said that PG&E is not responsible for maintaining, inspecting or repairing the internal electrical systems of its customers and the cause of the fire remains unknown.

In June, Edelstein filed her appellate defense of an important trial win for client Southern California Edison Co. in a dispute with the City of Torrance over whether Edison is responsible for alleged shortfalls in the collection of a city utility tax. The trial court said no. The decision creates a precedent for California utilities. City of Torrance v. Southern California Edison Co., B300296 (2d DCA, filed Aug. 22, 2019).

"If we prevail, it will be good news for consumers all over the state," Edelstein said.

-- John Roemer