Judge says HHS declaration exceeded authority in gender-care case
A federal judge in Oregon gave states and providers an early win Friday in a challenge to a December declaration from Health and Human Services Secretary Robert F. Kennedy Jr. that sought to restrict gender-affirming care for minors.
Judge Mustafa Kasubhai ruled from the bench on March 19, 2026, and a written order followed on March 20. He said the plaintiffs were likely to succeed in arguing that the declaration exceeded HHS’s authority and was issued without the procedural steps the law requires.
The case was brought by 21 states and the District of Columbia, which say the federal declaration was unlawful and designed to pressure doctors and hospitals to stop providing care. The treatments at issue include puberty blockers, hormone therapy and, in some cases, surgery.
Kasubhai granted preliminary relief and rejected the government’s motion to dismiss, but he did not issue a final ruling on the merits. The case will continue as the court weighs the underlying claims.
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