Judge Blocks Federal Government's Transgender Health Care Declaration

Ruling says HHS Secretary Kennedy overstepped in issuing directive against gender-affirming treatments for youth

Mar. 20, 2026 at 4:48am

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A federal judge in Oregon ruled that the U.S. Department of Health and Human Services overreached when it issued a declaration last December that called treatments like puberty blockers and gender reassignment surgeries unsafe and ineffective for young people experiencing gender dysphoria. The judge said HHS Secretary Robert F. Kennedy Jr. did not follow proper administrative procedures in issuing the declaration, which also warned doctors they could be excluded from federal health programs if they provided these treatments.

Why it matters

This ruling is a major setback for the federal government's efforts to restrict access to gender-affirming care for transgender youth. It affirms that such treatments remain legal and that the government cannot intimidate or punish providers who offer them. The decision also highlights broader concerns about the government overstepping its authority and failing to follow proper procedures when making significant policy changes.

The details

Judge Mustafa Kasubhai ruled that the HHS declaration overreached by labeling gender-affirming treatments as unsafe and ineffective without going through the proper administrative process. The judge denied the government's motion to dismiss a lawsuit filed by a coalition of 19 states and Washington, D.C. challenging the declaration. The ruling comes just days after another federal judge in Boston temporarily blocked several of Kennedy's changes to vaccine policies, ruling he likely violated federal procedures.

  • In December 2025, HHS Secretary Robert F. Kennedy Jr. issued a declaration labeling gender-affirming treatments for transgender youth as unsafe and ineffective.
  • On March 20, 2026, Judge Kasubhai ruled that the HHS declaration overreached and failed to follow proper administrative procedures.

The players

Robert F. Kennedy Jr.

The U.S. Secretary of Health and Human Services who issued the declaration against gender-affirming treatments for transgender youth.

Letitia James

The Democratic Attorney General of New York who led the lawsuit challenging the HHS declaration.

Mustafa Kasubhai

The federal judge in Oregon who ruled that the HHS declaration overreached and failed to follow proper procedures.

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What they’re saying

“Today's win breaks through the noise and gives some needed clarity to patients, families, and providers. Health care services for transgender young people remain legal, and the federal government cannot intimidate or punish the providers who offer them.”

— Letitia James, New York Attorney General

“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.”

— Mustafa Kasubhai, Federal Judge

What’s next

The judge's written decision will be issued in the coming days, providing further details on the ruling. The federal government has indicated it plans to appeal the decision.

The takeaway

This ruling is a significant victory for transgender rights and a rebuke of the federal government's attempts to restrict access to gender-affirming care. It underscores the importance of following proper administrative procedures when making major policy changes, even on sensitive and controversial issues.