Robert F. Kennedy Jr overstepped on trans healthcare guidance, judge rules
At a hearing lasting around six hours, US district judge Mustafa Kasubhai said the department had not followed proper rulemaking procedures
By Callum Wells
A federal judge in Oregon has ruled that Robert F. Kennedy Jr acted beyond his authority when issuing guidance on gender-affirming care for young people.
The case centres on a December 2025 declaration from the Department of Health and Human Services. It stated that “sex-rejecting procedures for children and adolescents are neither safe nor effective as a treatment modality for gender dysphoria, gender incongruence, or other related disorders in minors.”
The document also warned that providers offering such care could be excluded from federal programmes, including Medicare and Medicaid.
US district judge Mustafa Kasubhai said the department had not followed proper rulemaking procedures
A group of 21 states challenged the policy in court. They argued the federal government had tried to set a national medical position without following the process required under the Administrative Procedure Act.
At a hearing lasting around six hours, US district judge Mustafa Kasubhai said the department had not followed proper rulemaking procedures.
“The notion that ‘I will go forward and issue a declaration and see if we can get away with it’ is not a principle of governance that adheres to the overarching commitment to a democratic republic that requires the rule of law to be regarded and respected and honored as a sacred,” the judge said.
Lawyers for the government argued the statement was “non-binding”. They said it was closer to an opinion than a formal policy.
Healthcare providers can continue offering gender-affirming care to trans young people
The court rejected that argument. It found the declaration had real-world effects. These included increased scrutiny of hospitals and the risk of financial penalties for providers.
The ruling prevents the government from enforcing the declaration while the case continues.
It means healthcare providers can continue offering gender-affirming care to trans young people without the threat of federal funding cuts linked to this policy.
The decision is expected to be appealed.
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