{"id":607323,"date":"2026-04-26T11:21:40","date_gmt":"2026-04-26T11:21:40","guid":{"rendered":"https:\/\/www.newsbeep.com\/us\/607323\/"},"modified":"2026-04-26T11:21:40","modified_gmt":"2026-04-26T11:21:40","slug":"federal-judge-calls-rfk-jr-an-unsafe-leader-in-order-protecting-trans-youth-health-care-mother-jones","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us\/607323\/","title":{"rendered":"Federal Judge Calls RFK Jr. an \u201cUnsafe\u201d Leader in Order Protecting Trans Youth Health Care \u2013 Mother Jones"},"content":{"rendered":"<p>\t<img width=\"990\" height=\"557\" src=\"https:\/\/www.newsbeep.com\/us\/wp-content\/uploads\/2026\/04\/20260401-rfk-gac.jpeg\" class=\"skip-lazy wp-post-image\" alt=\"A photograph of Health and Human Services Secretary Robert F. Kennedy Jr. frowning.\" decoding=\"async\" fetchpriority=\"high\"  \/><\/p>\n<p class=\"wp-caption-text\">Tom Williams\/CQ Roll Call\/ZUMA Press<\/p>\n<p>\t\t\t\tGet your news from a source that\u2019s not owned and controlled by oligarchs. <a href=\"https:\/\/www.motherjones.com\/newsletters\/?mj_oac=Article_Top_No_Oligarchs\" data-ga-category=\"TopOfArticle\" data-ga-label=\"NewsletterPromoCovid\" data-ga-action=\"click|https:\/\/www.motherjones.com\/newsletters\/?mj_oac=Article_Top_Support\" rel=\"nofollow noopener\" target=\"_blank\">Sign up for the free Mother Jones Daily.<\/a><\/p>\n<p>In a <a href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.ord.191371\/gov.uscourts.ord.191371.93.0_1.pdf\" rel=\"nofollow noopener\" target=\"_blank\">scathing ruling<\/a> describing Health and Human Services Secretary Robert F. Kennedy Jr. as an \u201cunserious\u201d and \u201cunsafe\u201d leader, a federal judge in Oregon issued an order that will protect doctors and hospitals, and the transgender kids they treat, from the <a href=\"https:\/\/www.motherjones.com\/politics\/2026\/04\/transgender-gender-affirming-care-hhs-manhattan-institute-segm-leor-sapir-trump\/\" rel=\"nofollow noopener\" target=\"_blank\">federal crackdown<\/a> on gender-affirming care.<\/p>\n<p>On Saturday, US District Judge Mustafa T. Kasubhai ruled that Kennedy was acting illegally when he attempted last December to unilaterially cut off federal funding for healthcare providers treating kids with gender dysphoria. \u201cUnserious leaders are unsafe,\u201d Kasubhai wrote in his ruling, adding that Kennedy\u2019s actions \u201ccaused chaos and terror for all those people and institutions of our great nation.\u201d<\/p>\n<p>The case began last December, when Kennedy issued a <a href=\"https:\/\/www.hhs.gov\/sites\/default\/files\/declaration-pediatric-sex-rejecting-procedures.pdf\" rel=\"nofollow noopener\" target=\"_blank\">declaration<\/a> falsely claiming that gender-affirming medical treatments for trans youth \u201cfail to meet professional recognized standards of health care.\u201d In reality, such treatments\u2014including puberty blockers for kids entering adolescence and cross-sex hormones for older teens\u2014are considered necessary for some patients under mainstream <a href=\"https:\/\/www.endocrine.org\/clinical-practice-guidelines\/gender-dysphoria-gender-incongruence\" rel=\"nofollow noopener\" target=\"_blank\">medical<\/a> <a href=\"https:\/\/wpath.org\/publications\/soc8\/\" rel=\"nofollow noopener\" target=\"_blank\">guidelines<\/a>, and they\u2019re supported by virtually the <a href=\"https:\/\/transequality.org\/trans-health-project\/resources\/medical-organization-statements\" rel=\"nofollow noopener\" target=\"_blank\">entire medical establishment<\/a>. (And it\u2019s worth noting that the treatments are <a href=\"https:\/\/www.motherjones.com\/politics\/2025\/01\/heres-the-real-number-of-children-receiving-gender-affirming-medical-treatment\/\" rel=\"nofollow noopener\" target=\"_blank\">actually quite rare<\/a>, despite the amount of political attention paid to them.) Kennedy dubbed the treatments \u201csex-rejecting procedures\u201d and claimed the right to pull all federal funding from any hospital, clinic, or doctor, found to be providing them. Soon, his department had referred over a dozen children\u2019s hospitals for potential defunding, and hospitals hoping to avoid the federal crackdown began preemptively cutting off treatments for kids with gender dysphoria.<\/p>\n<p>\u201cI will go forward and issue a declaration and see if we can get away with it\u2019 is not a principle of governance that adheres to the overarching commitment to a democratic republic.\u201d<\/p>\n<p>A coalition of 21 mostly Democratic-led states and Washington, DC, immedialy <a href=\"https:\/\/www.courtlistener.com\/docket\/72077914\/1\/state-of-oregon-v-kennedy\/\" rel=\"nofollow noopener\" target=\"_blank\">sued<\/a>, arguing Kennedy had skipped the legally required procedures for such a drastic policy change. Last month, Kasubhai agreed that Kennedy had overstepped his authority and issued an order temporarily blocking the declaration. \u201cThe notion that \u2018I will go forward and issue a declaration and see if we can get away with it\u2019 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 sacred,\u201d the judge <a href=\"https:\/\/www.nytimes.com\/2026\/03\/19\/us\/rfk-jr-transgender-care-ruling.html\" rel=\"nofollow noopener\" target=\"_blank\">said<\/a> at the time.<\/p>\n<p>But Kasubhai\u2019s first order wasn\u2019t stopping the Trump administration. While the court case played out, HHS began going through the formal rule-making process, proposing a sweeping regulation that would strip federal Medicaid and Medicare funding from any hospital that provides trans youth health care, which I wrote about <a href=\"https:\/\/www.motherjones.com\/politics\/2026\/04\/transgender-gender-affirming-care-hhs-manhattan-institute-segm-leor-sapir-trump\/\" rel=\"nofollow noopener\" target=\"_blank\">in depth<\/a> last week. Such a regulation, if implemented, would force hospitals nationwide to cut off trans kids\u2019 care or else face financial devastation. A former Trump policy aide has referred to the proposed rule as a \u201cnuclear weapon.\u201d A second proposed policy would ban federal insurance programs for kids in low-income families from covering the treatments.<\/p>\n<p>Now, Kasubhai has thrown a new wrench in the administration\u2019s plans. His ruling on Saturday makes permanent his prior order blocking Kennedy\u2019s declaration. But the judge also went further, prohibiting HHS from enacting any similar policy \u201cwhich supercedes or purports to supercede the professionally recognized standards of care\u201d in the states that sued. \u201cDespite repeatedly emphasizing their commitment and obligation to protect children, Defendants have sweepingly wielded the Kennedy Declaration to threaten children\u2019s hospitals that provide life-saving care to children,\u201d Kasubhai wrote.<\/p>\n<p>Such a broad order was necessary, Kasubhai wrote, because the Trump administration has a track record of \u201cevading or flouting\u201d prior court orders.<\/p>\n<p>The judge also took particular exception to an argument made by HHS that Kennedy\u2019s declaration couldn\u2019t be blocked because it was simply an example of the secretary exercising his right to free speech. The department\u2019s arguments are based on \u201cthe bald-faced lie that the Kennedy Declaration amounts to nothing more than one man\u2019s musings on gender-affirming care,\u201d Kasubhai thundered. \u201cDefendants 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\u2014the freedom of speech\u2014when that principle comes nowhere close to being implicated.\u201d<\/p>\n<p>Kasubhai\u2019s order is sweeping enough that it likely blocks not just Kennedy\u2019s declaration but also the soon-to-be-finalized Medicaid and Medicare regulations, according to Jennifer Levi, senior director of transgender and queer rights at GLAD Law. \u201cThis administration has tried to come back multiple times and do the same thing and then try to characterize it as something new,\u201d she explains. \u201cThe court wanted to prevent that from happening.\u201d<\/p>\n<p>The Trump administration could appeal Kasubhai\u2019s ruling. But now, if it tries to finalize its regulations in their current form, the states defending trans youth health care can go back to Kasubhai and argue that HHS is violating the injunction, Levi says. As a result, it seems likely that the regulations will be promptly blocked\u2014if the Trump administration does decide to finalize them.<\/p>\n<p>And that matters because hospitals across the country are watching this legislation closely to figure out if it\u2019s financially and legally safe enough for them to offer trans youth health care. Could those hospitals who ended treatments  restart them on the strength of Kasubhai\u2019s new ruling? \u201cI think they certainly could, and I think they should,\u201d Levi tells me.<\/p>\n","protected":false},"excerpt":{"rendered":"Tom Williams\/CQ Roll Call\/ZUMA Press Get your news from a source that\u2019s not owned and controlled by oligarchs.&hellip;\n","protected":false},"author":2,"featured_media":607324,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[59],"tags":[97,252,253],"class_list":{"0":"post-607323","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-health-care","8":"tag-health","9":"tag-health-care","10":"tag-healthcare"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts\/607323","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/comments?post=607323"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts\/607323\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/media\/607324"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/media?parent=607323"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/categories?post=607323"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/tags?post=607323"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}