Judge Blocks HHS Declaration Targeting Youth Gender Care
A Biden-appointed judge ruled Robert F. Kennedy Jr.'s December HHS declaration on gender-affirming care for minors overreached and indicated it would be barred after a roughly six-hour hearing.
The Post MillennialBiden-judicial appointee strikes down RFK Jr’s declaration against child sex changes
Washington ExaminerBiden judge ruled RFK Jr.'s move to ban gender care for minors was unlawful
The Daily WireYour Tax Dollars Could Still Be On The Line In Fight Over Trans Surgeries for Kids
Overview
Biden-appointed U.S. District Judge Mustafa Kasubhai ruled that HHS Secretary Robert F. Kennedy Jr.'s December declaration labeling gender-transition procedures for minors unsafe overreached and indicated he would bar the action after a roughly six-hour hearing.
The declaration warned providers they could be excluded from federal health programs and HHS signaled it would investigate hospitals offering gender-affirming treatments to minors.
New York Attorney General Letitia James, who led the lawsuit, hailed the ruling as protecting care for transgender youth, while federal lawyers told the court the declaration was a nonbinding personal assessment.
A coalition of roughly 18 to 21 states and the District of Columbia sued, saying the declaration violated the Administrative Procedure Act and unlawfully set a national medical standard.
Kasubhai denied the government's motion to dismiss, granted preliminary relief to providers, said a written decision would follow, and the ruling came as another judge in Boston on Monday temporarily blocked Kennedy's vaccine policy changes.
Analysis
Analysis unavailable for this viewpoint.
FAQ
The declaration, issued December 18, 2025, stated that sex-rejecting procedures (puberty blockers, cross-sex hormones, surgeries) for minors are neither safe nor effective for gender dysphoria and fail professional standards, warning providers of potential exclusion from federal programs.
A coalition of 18-21 states and D.C., led by NY AG Letitia James, sued claiming it violated the Administrative Procedure Act and unlawfully set a national medical standard.
The Biden-appointed judge ruled the declaration overreached authority, indicated it would be vacated, denied dismissal motion, granted preliminary relief to providers, after a six-hour hearing.
Federal lawyers argued the declaration was a nonbinding personal opinion without legal force, not changing exclusion processes or creating binding standards.
At least 17 hospitals were referred for investigation, leading some to stop gender-affirming care for youth, risking Medicare/Medicaid exclusion.
