A federal judge deemed 'too radical' by GOP lawmakers during his confirmation hearings said on Thursday that he will grant a motion by blue states to vacate (reverse) a declaration by HHS Director Robert F. Kennedy Jr. blocking breast removal and other procedures for youths with gender dysphoria.
Oregon US District Judge Mustafa Kasubhai, who was appointed by Biden in late 2024 and only confirmed after Senate Democrats invoked cloture on his nomination by a 51-43 vote, said during a hearing that he would soon issue a formal written opinion and an order denying the government's bid to dismiss the states' case, and granting the states' motion for summary judgement, according to court records.
Kennedy issued a declaration in late 2025 that "ex-rejecting procedures for children and adolescents are neither safe nor effective as a treatment modality for gender dysphoria, gender incongruence, or other related disorders in minors, and therefore, fail to meet professional recognized standards of health care."
This was based on a report by the Department of Health and Human Services which looked at procedures and treatments available for gender dysphoria, and concluded that many of them risk infertility. The Trump administration said that health care providers who perform breast removal and other procedures would be out of compliance with updated standards, while officials also moved to bar hospitals that participate in Medicare or Medicaid from performing the procedures on children.
New York and 18 other states immediately sued, claiming that the new rules were illegal, and "amounts to an end-run around the free choice of provider statute because it effectively bars Medicaid beneficiaries from choosing providers that are otherwise qualified, simply because they furnish gender-affirming care to children or adolescents," the states said in their motion for summary judgement.
New York Attorney General Letitia James, one of the plaintiffs, said the forthcoming ruling siding with the states showed Kennedy “cannot unilaterally change medical standards by posting a document online, and no one should lose access to medically necessary health care because their federal government tried to interfere in decisions that belong in doctors’ offices.” -Epoch Times
At least 17 hospitals or health centers have been referred for possible punitive action for violating the HHS declaration, they said.
Government lawyers argued in a brief that the declaration reflected Kennedy's "non-binding policy position on the safety and efficacy of certain pediatric and adolescent treatment modalities," and that the HHS report was one of many pieces of information officials considered in their decision.
The admin also asked the court to dismiss the case over a lack of jurisdiction.