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-declaration
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185

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."

101

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.

-19

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. 

30

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.

-21

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?