On March 19th, 2026, the U.S. District Court for the District of Oregon granted a coalition of Democratic states' motion for summary judgment requesting that the court declare Secretary R.F.K. Jr.'s December 18, 2025 Declaration unlawful. As a result of the court’s decision, gender-affirming services for minors—including puberty blockers, behavioral health services, and hormone-based treatments—remain legal in states that permit such care, and HHS is blocked from taking enforcement action based on the Declaration.
HHS’s issuance had declared gender-affirming care for minors "neither safe nor effective" and had warned health care providers that continuing this care to minors could result in exclusion from federal health programs for failing to meet professional standards. The court concluded that HHS overstepped its legal authority in issuing the Declaration by attempting to create a national medical standard that superseded statewide or national standards of care.
HHS has 60 days from the decision’s March 19th issuance to appeal. If appealed, the decision will be reviewed by the United States Court of Appeals for the Ninth Circuit.
HHS’s issuance had declared gender-affirming care for minors "neither safe nor effective" and had warned health care providers that continuing this care to minors could result in exclusion from federal health programs for failing to meet professional standards. The court concluded that HHS overstepped its legal authority in issuing the Declaration by attempting to create a national medical standard that superseded statewide or national standards of care.
HHS has 60 days from the decision’s March 19th issuance to appeal. If appealed, the decision will be reviewed by the United States Court of Appeals for the Ninth Circuit.
For more information, please contact:
MOLLY EVANS
molly.evans@powerslaw.com
ROSIE DAWN GRIFFIN
rosie.griffin@powerslaw.com
Kaitlin Lee
kaitlin.lee@powerslaw.com
