Washington AG Wins Summary Judgment Protecting Transgender Youth Healthcare
Summary
Washington State and 20 other states, along with the District of Columbia, won a summary judgment against a Trump administration attempt to pressure healthcare providers into ending transgender youth healthcare. A federal court ruled that HHS Secretary Robert F. Kennedy, Jr. exceeded his statutory authority and failed to follow proper rulemaking procedures.
What changed
A federal court has granted summary judgment in favor of Washington State and 20 other states, plus the District of Columbia, effectively blocking a declaration by HHS Secretary Robert F. Kennedy, Jr. that sought to deem certain gender-affirming care for youth with gender dysphoria as unsafe and ineffective. The court found that the Secretary exceeded his statutory authority and failed to adhere to required rulemaking procedures when issuing this declaration, which threatened to exclude medical providers from Medicaid and Medicare. This ruling sets aside the declaration and upholds the legal entitlement of transgender youth to receive necessary medical care.
This decision represents a significant legal victory for states challenging federal overreach in healthcare policy. Regulated entities, particularly healthcare providers offering gender-affirming care, can continue to do so without fear of federal reprisal under the invalidated declaration. While the court's order is pending a written decision, the oral ruling indicates that the federal government's attempt to restrict this care through administrative fiat has been unsuccessful. No immediate compliance actions are required for providers, as the ruling affirms their existing legal standing to provide care.
Source document (simplified)
FOR IMMEDIATE RELEASE:
Mar 20 2026
A federal court said on Thursday that it would rule for Washington, 20 other states, and the District of Columbia, turning back an unlawful attempt by the Trump administration to pressure health care providers into ending transgender health care for youth with gender dysphoria.
In an oral statement following yesterday’s hearing, U.S. District Judge Mustafa Kasubhai said he would grant the states’ motion for summary judgment with a written order to follow.
“This is a resounding win for the rights of youth, their families, and the rule of law when it comes to medical care,” Washington Attorney General Nick Brown said. “The court agrees that the administration ignored the law in its rush to deprive transgender youth of the health care they are legally entitled to.”
The judge explained that U.S. Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr., exceeded his statutory authority. In December, Kennedy issued a so-called “declaration” falsely claiming that certain forms of gender-affirming care are “unsafe and ineffective” and threatening to exclude medical providers from Medicaid and Medicare for providing that care. The judge said HHS failed to follow appropriate rulemaking procedure as required by law and that he will set aside Kennedy's declaration.
Joining Brown in this lawsuit are the attorneys general of Oregon, New York, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaiʻi, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Rhode Island, Vermont, Wisconsin, and the governor of Pennsylvania.
Learn more about the case here.
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Washington’s Attorney General serves the people and the state of Washington. As the state’s largest law firm, the Attorney General’s Office provides legal representation to every state agency, board, and commission in Washington. Additionally, the Office serves the people directly by enforcing consumer protection, civil rights, and environmental protection laws. The Office also prosecutes elder abuse, Medicaid fraud, and handles sexually violent predator cases in 38 of Washington’s 39 counties. Visit www.atg.wa.gov to learn more.
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