- Docket No.
- 6:25-cv-02409
- District Court
- Oregon
Goal
- Block enforcement of an agency action
- Declaration that agency action is unlawful
- Vacate agency action
Issues
Litigation Content
Why this Matters:
The plaintiff states challenge a declaration issued by Secretary Kennedy, Jr. that purports to establish a new standard of care for treatment of gender dysphoria. Health care providers that violate the declaration could be excluded from participating in Medicare, Medicaid, and other federal health care programs. Plaintiff states argue that this declaration is both procedurally and substantively defective under the Administrative Procedure Act because the declaration should have been subject to notice-and-comment procedures and exceeds the Secretary’s statutory authority by impermissibly attempting to regulate the practice of medicine.
Potential Impact:
The potential loss of federal health care funding will likely lead more health care providers to stop offering treatment for gender dysphoria, which could prevent transgender young people from obtaining the medically necessary care that they need. By attempting to override clinical standards maintained by states and professional associations, the declaration could open the door for federal officials to undermine evidence-based medical and treatment standards.