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Judge rules US government overreached with transgender health care declaration

Judge Kasubhai ruled Kennedy bypassed required administrative steps in December, affirming that gender-affirming care for youth remains legal and providers cannot be penalized, according to state attorneys general.

  • On Thursday, U.S. District Judge Mustafa T. Kasubhai said he will vacate a late last year declaration by HHS Secretary Robert F. Kennedy Jr. on gender-affirming care after siding with plaintiffs.
  • A coalition of 19 states and the District of Columbia sued in December, and Kasubhai will consider halting the declaration, which threatened providers with Medicare and Medicaid exclusion.
  • Court records show procedural rulings including denial of the defendants' motion to dismiss, and at least 17 hospitals have been referred to HHS’s Office of Inspector General over the declaration.
  • Kasubhai will consider the states' request to stop implementation, as the declaration warned doctors they could be excluded from Medicare and Medicaid, risking major financial impact on health institutions.
  • This ruling follows another court setback on Monday in Boston, with HHS relying on a peer-reviewed report earlier this year that drew sharp criticism from major medical groups.
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Courthouse News Service broke the news in Pasadena, United States on Thursday, March 19, 2026.
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