7th Circuit Clears Path for Florida’s Lawsuit Against the American Academy of Pediatrics

On July 8, the full 7th U.S. Circuit Court of Appeals in Chicago overruled a June district-court order that had blocked Florida Attorney General James Uthmeier’s suit against the American Academy of Pediatrics (AAP) and two allied groups. The appellate panel stayed the lower-court injunction and, unusually, ordered that Uthmeier’s appeal be heard en banc—by the entire court—rather than first by a three-judge panel. Oral arguments are scheduled for September 30. The panel’s 2-1 decision cited a narrow exception to Younger abstention, allowing federal review of the state-court dispute.

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Uthmeier filed the suit in Florida state court in December, alleging that the AAP and partner organizations violated state statutes prohibiting racketeering and deceptive trade practices. The complaint claims the groups made “misleading representations about the safety and reversibility of gender-affirming treatments for minors.” The AAP denied any wrongdoing and, in March, sued the attorney-general’s office in federal court to block the state action, arguing that Florida’s move was retaliation aimed at silencing advocates for broader access to gender-affirming care.

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Circuit Judge John Lee dissented, warning that the rare en banc referral could “affect the court moving forward.” He was joined by three other judges appointed by former President Joe Biden. Senior Judge David Hamilton, also on the three-judge panel, joined the dissent. The court’s seven other full-time judges include one Biden appointee and six appointed by Republican presidents.

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Florida’s action aligns with more than 20 states that have banned puberty blockers and hormone therapy for transgender minors and imposed limits on adult gender-affirming care. A 2024 federal judge blocked Florida’s ban, but the 11th Circuit later lifted that block pending appeal, allowing the law to remain in effect.

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• “Allowing an appeal to be addressed first by the assigned panel provides the full court with the benefit of a more robust record and the panel’s reasoning on the contested issues,” — Circuit Judge John Lee

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• “support an inference of bad faith.” — U.S. District Judge Matthew Kennelly (referring to Uthmeier’s prior statements)

Reuters

These developments set the stage for a potential split among federal appellate courts on the scope of Younger abstention and the balance between state litigation and First-Amendment protections for advocacy groups.

Reuters