Transgender care: US ȷudge rules RFK Jr declaration “did not follow lawful procedure”

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Source: BMJ

Original: http://www.bmj.com/content/392/bmj.s559.short?rss=1...

Published: 2026-03-23T09:41:14-07:00

Federal Judge Mustafa T. Kasubhai ruled that a declaration by the US Department of Health (HHS) under Robert F. Kennedy Jr. from December, exceeded its authority and did not follow legal administrative procedures.[1][2] The declaration called adolescent sex-change treatments, such as puberty blockers and surgery, dangerous and ineffective, and threatened doctors with exclusion from Medicare and Medicaid programs.[1][2] A coalition of 19 states and the District of Columbia filed a lawsuit in December against HHS, Kennedy and the inspector general, alleging that the declaration illegally pressured providers without public notice and opportunity for comment.[1][2] The judge denied the defendants' motion to dismiss the case and is considering vacating the declaration, which would restore access to these services.[1][2] The decision came at the end of a six-hour hearing on March 19 and will be followed by a written opinion.[1][2] According to New York Attorney General Letitia James, the decision provides clarity that health care for transgender minors remains legal.[2]