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Federal Court Blocks Kennedy Declaration

4/25/2026, 10:08:56 AM

Federal Court Blocks Kennedy Declaration

On Saturday, District Judge Mustafa T. Kasubhai vacated the Kennedy Declaration, a Dec 18, 2025 directive that can exclude providers from Medicare and Medicaid. The injunction enjoins policies nationwide and orders Rady Children’s Hospital and Children’s Hospital of Orange County (CHOC) to resume care.

Background

The Kennedy Declaration, issued by HHS Secretary Robert F. Kennedy Jr., said gender-affirming care for minors “fails to meet standards,” invoking an HHS rule that can exclude providers from Medicare and Medicaid. Critics said move bypassed Administrative Procedure Act, Medicare notice-and-comment, and exceeded statutory authority. About 40 clinics halted services, and two dozen states, including California, sued government. Loss of federal funding would jeopardize hospital operations and limit care for transgender youth, in states with nondiscrimination protections.

Actors & Timeline

California Attorney General Rob Bonta, who sued Rady Children’s Hospital; Judge Mustafa T. Kasubhai, who issued the injunction; HHS Secretary Robert F. Kennedy Jr.; former federal attorney Rachel See; and the California Department of Justice. The timeline began with Dec 18, 2025 Kennedy Declaration, followed by HHS policy proposals, Bonta’s Jan 2024 lawsuit, Apr 21 2024 press release, and the injunction.

Official Statements & Responses

Bonta’s April 21 release said district court “rightfully ruled to block Trump Administration’s unlawful attempt to de-legitimize and restrict access to gender-affirming care.” California DOJ pledged to contest federal rule. HHS defended the declaration as a lawful exercise of authority, a position the court rejected.

Criticism & Opposition

Judge Kasubhai called the declaration “a bald-faced lie” and condemned the administration’s effort to “bully or gaslight” judiciary. New York Attorney General Letitia James has applied pressure.

Impact & Conflicting Reports

Families have relocated, spent savings, and sought providers after hospitals halted care; interruptions were described as “devastating.” Sources cite “roughly 40” clinics, and HHS’s appeal leaves the injunction’s durability uncertain.

Quotes

  • “The district court has rightfully ruled to block the Trump Administration’s unlawful attempt to de-legitimize and restrict access to gender-affirming care,” — Rob Bonta, California Attorney General.
  • “Gender-affirming care remains legal … Right now, providers in California can and should continue to provide the care their patients count on without fear of unjust retaliation,” — Rob Bonta, California Attorney General.
  • “This is a very strategically pled lawsuit,” — Rachel See, former federal attorney.
  • “Despite repeatedly emphasizing their commitment and obligation to protect children, Defendants have sweepingly wielded the Kennedy Declaration to threaten children’s hospitals that provide life-saving care to children,” — Mustafa T. Kasubhai, U.S. District Judge.
  • “Defendants’ jurisdictional arguments are based on the bald-faced lie that the Kennedy Declaration amounts to nothing more than one man’s musings on gender-affirming care. This Court is not persuaded by Defendants’ attempts to gaslight it into believing that the Kennedy Declaration does anything other than what it says,” — Mustafa T. Kasubhai, U.S. District Judge.
  • “The Attorney General’s Office is prepared to take further legal action to prevent these rules from going into effect,” — California Department of Justice.

Outlook

HHS plans to appeal the vacatur, while state courts, including Colorado Supreme Court, consider orders compelling hospitals to resume care. California officials remain poised to challenge any new federal rule that mirrors the vacated declaration.