Overview
- U.S. District Judge Mustafa Kasubhai said he will grant summary judgment to a coalition of states and block or vacate the December declaration targeting gender-affirming care for minors.
- The judge also denied the government’s motion to dismiss and instructed both sides to propose how enforcement should be halted going forward, with a written decision still pending.
- HHS’s declaration asserted such care is neither safe nor effective and warned providers could be excluded from Medicare, Medicaid and CHIP, a threat that prompted some hospitals to pause services and triggered referrals to the HHS inspector general.
- Justice Department lawyers argued the declaration was a non-binding opinion, but the judge rejected that view, saying it materially altered standards by signaling there was no acceptable standard of care in the plaintiff states.
- Legal observers say an appeal is likely, and the ruling follows a separate court setback this week for HHS over vaccine policy changes.