A federal judge in Oregon announced he will stop Health Secretary Robert F. Kennedy Jr.'s December declaration that would have severely limited gender-affirming medical care for minors. Nineteen Democratic states and Washington D.C. successfully challenged the policy, arguing Kennedy exceeded his authority.

A federal judge announced Thursday he will halt Health Secretary Robert F. Kennedy Jr.’s policy that would have dramatically limited access to gender-affirming medical treatments for young people.
U.S. District Judge Mustafa Kasubhai in Eugene, Oregon, stated during a court hearing that he would approve a summary judgment request filed by attorneys general from 19 states plus Washington D.C. The state officials argued Kennedy’s December declaration exceeded his legal powers and broke federal regulations.
Kennedy’s December policy statement indicated the Department of Health and Human Services could exclude healthcare facilities providing gender-affirming treatments to minors from Medicaid and Medicare programs, while also stopping the Children’s Health Insurance Program from covering such services.
Following extensive courtroom arguments on Thursday, Kasubhai made his decision and simultaneously rejected the Department of Health and Human Services’ attempt to have the case thrown out, court documents reveal.
New York Attorney General Letitia James, among the state officials who filed the legal challenge, released a statement saying the decision “gives some needed clarity to patients, families, and providers.”
“Health care services for transgender young people remain legal, and the federal government cannot intimidate or punish the providers who offer them,” James stated.
The Department of Health and Human Services has not yet provided a response to requests for comment.
The current administration has prioritized removing legal safeguards for transgender individuals, pursuing policies to exclude transgender service members from the military, prevent them from displaying their gender identity on official documents, and restrict federal employees from using restrooms that match their gender identity.
The coalition of states filed their lawsuit in December, shortly after Kennedy released his declaration claiming his department’s analysis determined that medical and surgical interventions for young people with gender dysphoria showed an “unfavorable risk-benefit profile.”
Kennedy’s declaration allows HHS’ Office of Inspector General to exclude medical facilities from federal healthcare programs, with three hospitals already being sent to the office for review, the states reported.
The legal challenge claimed Kennedy’s declaration constituted an improperly created regulation and represented an illegal attempt to remove states’ power to oversee medical practice.
HHS countered that Kennedy’s declaration simply expressed his viewpoint on the matter and did not directly exclude healthcare providers from Medicare and Medicaid programs. The department said the inspector general’s office would make such determinations following proper investigations.
Judge Kasubhai indicated Thursday he will provide written decisions and requested both parties submit legal briefs outlining how to prevent the declaration from taking effect moving forward.
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