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6d ago

19 States and D.C. Sue HHS to Block Kennedy’s Declaration Targeting Youth Gender-Affirming Care

Plaintiffs say the declaration exceeds HHS’s authority by coercing providers with Medicare and Medicaid exclusions.

The seal of the U.S. Department of Health and Human Services (HHS) adorns a lectern during a press conference in Washington, D.C., U.S., April 16, 2025. REUTERS/Elizabeth Frantz
U.S. Health and Human Services Secretary Robert F. Kennedy Jr. attends an event as U.S. President Donald Trump delivers remarks in the Oval Office of the White House on October 16, 2025 in Washington, DC.
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Supporters of gender-affirming care hold colored smoke devices during a rally outside of the Supreme Court in Washington, D.C. on June 20, 2025, in response to the court's ruling upholding Tennessee's ban on gender-affirming care for minors.

Overview

  • The suit, filed Dec. 24 in U.S. District Court in Eugene, Oregon, seeks to enjoin and vacate Secretary Robert F. Kennedy Jr.’s Dec. 18 declaration on youth gender-affirming care.
  • HHS’s declaration deems puberty blockers, hormones and surgeries for minors unsafe and warns providers they can be excluded from Medicare and Medicaid for offering them.
  • The plaintiffs—19 Democratic-led states, the District of Columbia and Pennsylvania Gov. Josh Shapiro—argue the action violates the Administrative Procedure Act and intrudes on state regulation of medicine.
  • Related HHS proposals to cut hospital participation in Medicare and Medicaid and to bar Medicaid/CHIP payment for such care are not final and are open for public comment.
  • Major medical groups, including the AMA and AAP, dispute HHS’s conclusions, while states say the policy risks curtailing access and pressuring hospitals to pause services.