Federal judge rules RFK Jr. overstepped on gender care declaration
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A federal judge appointed by former President Joe Biden in 2023 ruled that Health and Human Services Secretary Robert F. Kennedy Jr. overreached in his December declaration that “sex rejection procedures” for children were “neither safe nor effective.”
U.S. District Judge Mustafa Kasubhai in Oregon ruled that RFK Jr. exceeded his authority and failed to follow required administrative procedures when HHS issued the declaration.
The decision provides preliminary assistance to healthcare professionals providing treatment. The judge also rejected the government’s request to dismiss the case. Brought to you by 20 blue states and Washington, D.C., which has legalized controversial “gender-denying” healthcare, including “puberty-suppressing hormones, cross-sex hormones, and surgical procedures.”
RFK Jr. used his extensive review of evidence on “documented risks of significant harm, markedly weak evidence of benefit, unfavorable risk-benefit profiles, inadequate existing clinical guidelines, a growing international consensus among countries conducting rigorous evidence reviews, and applicable principles of medical ethics” to issue the statement, which was rejected by Kasubhai as excessive.
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FILE – U.S. District Judge Mustafa Taher Kasubhai testifies at a Senate Judiciary Committee confirmation hearing in Washington, DC, Wednesday, October 4, 2023. (Eric Lee/Bloomberg via Getty Images)
“Gender denial procedures for children and adolescents are neither safe nor effective as a method of treatment for gender dysphoria, gender nonconformity, or other related disorders in minors and, therefore, fail to meet professionally accepted standards of health care,” the declaration said. “For purposes of this declaration, ‘gender rejection procedures’ means pharmaceutical or surgical interventions, including puberty blockers, cross-sex hormones, and surgeries such as mastectomies, vaginoplasty, and other procedures that attempt to conform an individual’s physical appearance or body to an identity that purports to be different from the individual’s gender.”
The decision prevents the federal government from immediately enforcing the declaration on hospitals and healthcare workers.
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HHS Secretary Robert F. Kennedy was scolded by a Biden-appointed judge for using ‘break and see’ actions on ‘sex rejection procedures.’ (Andrew Harnik/Getty Images)
The lawsuit argued that the statement was illegal and an attempt to override established medical standards without public notice or comment. The federal government said the general policy statement is exempt from statutory rulemaking requirements.
The declaration was “the Secretary’s non-binding policy position on the safety and effectiveness of certain pediatric and adolescent treatment modalities for gender dysphoria, gender nonconformity, or other related conditions.” the government defended February 10.
“Secretary Kennedy, like anyone else, has the right to express his opinion regarding the safety and effectiveness of emerging and controversial medical practices. The Statement summarizes Secretary Kennedy’s independent evaluation of the cited medical literature and expresses his view that certain treatment methods are not safe and effective and fail to meet professionally accepted standards of health care.”
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Kasubhai’s decision was made after a nearly six-hour hearing, after which a written decision will be issued.
“There’s a theme of ‘Let it go and see what others do,’ and it’s not a system or method that adheres to the rule of law,” Kasubhai said. he said. “The idea that ‘I’m going to go forward, issue a statement and see if we can get out of this’ is not a principle of governance that depends on an overarching commitment to a democratic public that requires the rule of law to be seen as sacrosanct, respected and honored.”
New York Attorney General Letitia James filed a lawsuit against the Trump administration brought by states that allow ‘gender rejection procedures’. (REUTERS/Jonathan Ernst)
New York Attorney General Letitia James, who prosecuted the case, said the decision protects patients, families and providers from federal threats.
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“Many conversations about transgender health care have overlooked the real people harmed by the federal government’s attacks,” James wrote in a statement last week, praising the notion. “Young people are losing access to life-saving treatment, families are being left in the dark, and medical providers are being threatened for simply doing their job and complying with standards of care.
“Today’s victory cuts through the noise and provides needed clarity to patients, families, and providers. Health care for transgender youth remains legal, and the federal government cannot intimidate or penalize providers who provide these services.”
“It is my duty and privilege to stand up for transgender New Yorkers and their families. I will always fight for the LGBTQ+ community.”
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The lawsuit was filed by Oregon, New York, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Rhode Island, Vermont, Wisconsin, Washington and Pennsylvania.
The decision comes as President Donald Trump attempts to tag his 2024 presidential campaign promise to “protect children from transgender mutilation surgeries” into the 2026 SAVE America Act currently being debated in the Senate.
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Sen. Eric Schmitt, R-Mo., formally filed an amendment to add the added Trump priorities to the election integrity bill.
“I worked closely with President Trump and the White House to deliver an amendment that would save our elections, save women’s sports, and save our children from gender-mutilating surgeries.” Schmitt wrote in a statement: last week. “It’s time to handle this.”
