Court order blocks HHS declaration that would impact care for transgender youth

Michigan Attorney General Dana Nessel and a group of attorneys general from across the country have obtained a court order preventing a federal declaration that they say could have restricted health care access for transgender youth.

The order was announced Monday by Nessel and officials from 21 states along with the District of Columbia. The legal action challenges a declaration issued by the U.S. Department of Health and Human Services on Dec. 18. In that declaration, the agency described certain medical treatments for transgender minors — including puberty blockers and hormone therapy — as unsafe and ineffective. The statement also warned that doctors, hospitals, and clinics offering those treatments could risk losing Medicare and Medicaid funding.

In response, the coalition filed a lawsuit on Dec. 23, arguing the declaration was unlawful. The states contend that the Department of Health and Human Services cannot change medical standards or policies without first going through the federal notice-and-comment rulemaking process required for regulatory changes.

According to the lawsuit, the declaration could pressure medical providers to stop offering care to transgender youth, which the states argue would make it harder for those patients to receive treatment.

After the court issued its order blocking the declaration, Nessel said the decision protects doctors’ ability to make medical decisions without political interference.

She said medical treatment decisions should be made by health care professionals rather than politicians and expressed relief that the court determined the federal government cannot unlawfully interfere with doctors providing care, including treatments such as puberty blockers and hormone therapy. Nessel added that her office will continue working to ensure transgender youth have access to necessary health care.

The legal challenge was brought by attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, Wisconsin, the District of Columbia, and Michigan. Pennsylvania’s governor also joined the lawsuit.