RFK Jr overstepped in declaring gender-affirming treatments unsafe, judge rules | Robert F Kennedy Jr
A federal judge ruled that health secretary Robert F. Kennedy Jr. overstepped his authority when he declared gender-affirming treatments unsafe.
In a blow to the Trump administration’s attempts to limit access to gender transition procedures, Justice Mustafa Kasubhai ruled Thursday that Kennedy did not go through proper procedures when releasing her 12-page statement last December.
declaration It has called out puberty blockers, hormone therapy and surgeries for children and adolescents with gender dysphoria as unsafe and warned that doctors who provide such care could be excluded from federal health programs such as Medicare and Medicaid.
But in a courtroom in Eugene, Oregon, Kasubhai granted relief to the treating doctors. He also rejected the government’s attempts to dismiss the lawsuit filed by 21 states and Washington, D.C. The plaintiffs sued Kennedy, claiming that his statement was false and unlawful.
“Today’s win cuts through the noise and provides patients, families and providers with much-needed clarity,” Letitia James, the Democratic New York attorney who prosecuted the case, said in a statement about Thursday’s ruling. “Health care for transgender youth remains legal, and the federal government cannot intimidate or penalize providers who provide these services.”
At the end of the six-hour hearing, Kasubhai ruled that Kennedy had violated standard procedures before issuing the proclamation and said the issue raised questions about democracy. The New York Times reported.
“The notion of ‘I’m going to go ahead and issue a declaration and see if we can get away with it’ is not a principle of governance that is tied to an overarching commitment to a democratic republic, which requires the rule of law to be seen as sacrosanct, respected and honored,” he said.
It was the second adverse decision that Kennedy and the Department of Health and Human Services have suffered this week after a judge in Boston temporarily blocked the health secretary’s vaccine policy changes.
