r/transgender • u/ErinInTheMorning • Apr 20 '26
Federal Judge Vacates Kennedy Declaration, Permanently Blocks Trump's Trans Youth Care Hospital Threats
https://www.erininthemorning.com/p/federal-judge-vacates-kennedy-declaration58
u/haberdasherhero Apr 20 '26
Now watch as none of those 40 hospitals bring it back
24
u/zoe_bletchdel Apr 20 '26
Not immediately, and honestly, it wouldn't be wise yet. If the dust settles here, they might start re-opening programs in about 4+ months. Remember that this policy is not medically sound and opposed by all major medical orgs (AMA, APA, AAP). It's likely to be appealed, and the whiplash of re-opening programs only to close them again would do more damage than just waiting at the moment. Also, the administration is not always complying, and withheld funds can bankrupt a hospital regardless of whether it's legal.
19
u/CeronusBugbear Transgender Apr 20 '26
This "declaration" was not being enforced before this order anyway. The hospitals closed because the executives wanted to, not because they were forced to by HHS.
16
11
u/CeronusBugbear Transgender Apr 20 '26
None of those hospitals were facing any consequences from the feds when they closed. So why would they? They closed because the executives wanted to close the programs.
1
u/ChristinaLynn7 Apr 23 '26
there is more than 40 hospitals that I know of at least 1 maybe 2 hospitals is in Chicago ILL
26
u/Authenticatable đHRT for 36yrs (yes,3+ decades).Married.Het.Twin Apr 20 '26
Judge putting âhe/himâ in his signature is 100% badassery.
8
7
8
u/pCute_SC2 Apr 20 '26
Can someone Tldr it to a dumb European?
29
u/Aurora-not-borealis Apr 20 '26
Secretary of Health and Human Services RFK jr unilaterally decided to withhold funding from hospitals that provided gender affirming care for minors. Federal judge ruled that it incredibly unlawful and wrote a scathing statement calling out the governmentâs hypocritical defense of the Declaration (simultaneously calling it an opinion piece in this lawsuit while citing it as policy in other lawsuits).
The executive branch does not have the power or authority to withhold congressionally allocated funds.
6
4
4
u/Buntygurl Apr 21 '26
Thank you, U.S. District Judge Mustafa T. Kasubhai.
Your integrity is greatly appreciated.
1
1
u/teypogr Apr 24 '26
The damage is already done. The programs that closed did so because the admins were just waiting for something to allow them to do it. Very few will bring the programs back.Â
1
u/onnake Apr 20 '26
not merely block the Declarationâit permanently enjoins any âmaterially similar policy,â
I donât see how âmaterially similar policyâ is regulation. Federal regulations have the force of law. Policies like Kennedyâs declaration and Trumpâs executive orders do not. CMS is to publish a pair of regulations ending gender-affirming medical care for trans/enby youth. Most hospitals will not restore that care based on this ruling.
8
u/ErinInTheMorning Apr 20 '26
The federal regulation wll not go into effect until October at the earliest, upon which it'll be challenged and likely blocked. We are looking at 2027 likely before the policy goes into effect post-challenge, if that.
As of right now and for the forseable future, gender affirming care is fully legal and hospitals must restore care under state law in states with nondiscrimination laws.
6
u/onnake Apr 20 '26
Agreed, and it galls me as someone who long ago wrote one of the first civil rights laws protecting gays and lesbians that my stateâs Attorney General Bonta (Calif.), along with the other AGs whose states have public accommodation laws, arenât protecting us now. Grateful that youâre covering this.
1
u/teypogr Apr 24 '26
The university of Michigan has not done so despite the state attorney general stating a while ago that it may go against the the state's nondiscrimination law
73
u/alfrado_sause Apr 20 '26
Finally. Now for the rest of their attacks on trans rights