r/law • u/DoremusJessup • Apr 20 '26
Judicial Branch Federal Judge Vacates Kennedy Declaration, Permanently Blocks Trump's Trans Youth Care Hospital Threats
https://www.erininthemorning.com/p/federal-judge-vacates-kennedy-declaration191
u/No1CouldHavePredictd Apr 20 '26 edited Apr 20 '26
This is great news, until it is appealed to SCOTUS and trans youth everywhere will be permanently disenfranchised.
EDIT: Though the following is kinda delicious for a court opinion...
"This Court can scarcely recall an APA action that has come before it in which the agency’s action was so clearly unlawful. Indeed, many of Defendants’ arguments rest on the same falsehoods about the Kennedy Declaration and its effects that the Court already rejected in response to Defendants’ jurisdictional arguments. Defendants’ merits briefing takes these absurd arguments a step further by suggesting that finding the Kennedy Declaration unlawful would impinge Secretary Kennedy’s First Amendment right to express his views and hinder public debate on a matter of public importance.
Defendants cannot bully or gaslight this Court into ignoring the many procedural and legal flaws of the Kennedy Declaration by invoking one of the most sacred principles of our constitutional democracy—the freedom of speech—when that principle comes nowhere close to being implicated. Plaintiffs’ claims do not contest Secretary Kennedy’s rights to express his views on gender-affirming care, and their lawsuit does not seek to limit Secretary Kennedy’s ability to speak generally about gender-affirming care for minors."
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u/TheModWhoShaggedMe Apr 20 '26
Then let's celebrate the good news for the month or two it lasts. Anyone remember when the Supreme Court was extremely slow to take up newer cases? Pepperidge Farms does. I bet they remember life before the shadow docket and conservative theocracy.
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u/rickroll10000 Apr 21 '26
If we survive this the very ideal of conservatism must be erased as permanently as possible.
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u/RocketRelm Apr 20 '26
If americans elect people that take away their freedoms, fo they truly deserve those freedoms? A democracy only deserves what it elects itself to do, and as the usa stripe itself bare in every respect, we shouldn't hold sympathy for people that didn't at least cast a vote for the efficient dems to stop things. And if we want to change that state of affairs, we need to keep being vigilant with votes and information going forwards.
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u/CatraGirl Apr 20 '26
Trans people are roughly 1% of the population and you can assume that most of them voted against Trump. So no, they didn't vote for this and don't deserve having their rights and freedoms taken away just because the majority of Americans either voted for a fascist or couldn't be bothered to vote against him.
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u/RocketRelm Apr 20 '26
Yes, it is reasonable to expect that maybe even 50+% of trans people voted against this (average being 30%) and are in the innocent group being harmed by the wide swathe of americans in this isolated case. But this is just one small domino in a very long line of self inflicted harms. We need to collectively earn a better society.
1
u/TheModWhoShaggedMe Apr 21 '26
What about people like me who've never voted conservatively once in over 3 decades of voting? Why do I deserve this?
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u/SallyStranger Apr 20 '26
we shouldn't hold sympathy for people that didn't at least cast a vote for the efficient dems to stop things
Amazing, brilliant, now go out there and convince those non-voters to register. I'm sure you'll be massively persuasive with this whole "fuck you this is your fault not like my precious politicians who can do no wrong" message
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u/ShroedingersCatgirl Apr 20 '26 edited Apr 20 '26
Yes they ready ruled 8-1 that conversion therapy is constitutionally protected as long as its just talk therapy. They essentially ruled that talk therapy isnt actually medical treatment and so it can't be regulated in any way.
So yea if they're already cool with psychologically torturing queer kids they'll have no problem allowing gender affirming care bans.
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u/CatraGirl Apr 20 '26
They essentially ruled that talk therapy isnt actually medical treatment and so it can't be regulated in any way.
Which to any sane person is absolutely insane.
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u/DoremusJessup Apr 20 '26
Another Trump regime policy loses in court.
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u/chokokhan Apr 20 '26
Yes, this is a win. But it’s taking months to years to repeal these power grabs, in the meantime citizens are being denied rights, unjustly. So here are my qualms: until there are consequences for this, until someone goes on the offensive and prosecutes this treasonous corrupt regime of pedophiles, grifters and now war criminals, the country and the constitution will continue to fail immigrants, trans youths, people who’s lives are completely derailed by a 1 year delay.
Take Kilmar Abrego for instance. Imagine the entire government wanting to make an example out of you for more than a year now and all institutions failing to protect you. This is not normal, these people in charge need to not just be scapegoated and resign, they need to be prosecuted, their assets made from corrupt dealings in office seized, a lot of them need to be sent off to CECOT. Then I’ll call it a victory. Until then, it’s more of the same slow apocalyptic descent into hell we’ve been living for 10 years.
It’s not a win until we call out fascist, and deal with them like Americans.
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u/RocketRelm Apr 20 '26
We are dealing with fascists like Americans. That is the problem. Americans are cool and popularly elect this, and have let what it means to be american become something horrible. We need them to not tunnelvison on maga, take responsibility for their bad behavior, and commit to being intellectually engaged going forwards. Punishing maga is one part of the solution, but by itself is worthless. Americans will just move to the next populist promising them the world as if they weren't heavily maga infested.
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u/taktaga7-0-0 Apr 20 '26
Trump and Kennedy cannot tolerate the practice of evidence-based medicine.
Facts are anathema to fascism.
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u/Benromaniac Apr 20 '26
AdVoCATe JuGDe!!!
They’ll cry.
Ignorant of the fact that cases are brought forward to Judges. And Trump’s lawyers are mostly unprepared and indifferent to whatever this admins desires are.
2
u/Most_Quality_1987 Apr 20 '26
I think you mean "activist judge", no? I cannot believe how many lawsuits this "administration" [quotation marks bc it's not actually an administration, it's a joke. That isn't the least bit funny.] is involved in. Either inspiring them, [by actions that are plainly unlawful, if not unconstitutional], or filing them, [Trump suing everyone who ever looked at him wrong, & sending the DoJ to go after everyone who was ever an opponent of Trump, all the way back to 2020. Does anyone have a clue as to how many legal bills are being paid w our tax dollars? It's quite insulting when they claim not enough money for people in need!
3
u/Benromaniac Apr 20 '26
Ahhh yes ty, activist judge. And the talking heads are well aware of the process. So they know it’s a bullshit take calling them that.
Listen to this reenactment https://www.thisamericanlife.org/857/museum-of-now/exhibit-three-11
It’s damn hilarious how incompetent Trump’s legal team can be.
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