On Thursday, U.S. District Court Judge Mustafa Kasubhai, a federal judge appointed by former President Joe Biden in late 2024, announced he will grant a motion filed by Democratic-led states to vacate a declaration issued by Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. that banned gender transition procedures such as breast amputations for minors.
The ruling challenges the HHS declaration, released in December 2025, which stated that puberty blockers, hormone therapy, and surgeries are “neither safe nor effective” treatments for gender dysphoria and do not meet professional healthcare standards. The declaration also warned that providers offering these services could face exclusion from federal programs including Medicare and Medicaid.
During a recent hearing, Judge Kasubhai indicated he will issue a formal written opinion soon and deny the government’s motion to dismiss the lawsuit while granting summary judgment to the states, effectively blocking the declaration’s enforcement. The lawsuit, brought by 19 Democratic-led states plus Washington, D.C., argued that the declaration unlawfully overstepped HHS authority, interfered with state medical regulation, and violated federal rulemaking procedures.
New York Attorney General Letitia James stated: “No one should lose access to medically necessary health care because their federal government tried to interfere in decisions that belong in doctors’ offices.”
The decision follows recent legal developments in New York, where a jury recently awarded $1.6 million for pain and suffering plus $400,000 in future medical expenses to a 22-year-old “detransitioner” who underwent transgender procedures, including a double mastectomy at age 16.
