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Judge Stops HHS Mandate and Says Taxpayers Must Pay for Trans Surgeries

Articles | April 22, 2026 | by Catholics for Catholics

A federal judge ruled taxpayers must continue footing the bill for millions being spent on “gender affirming” medical procedures in blue states.

By Catholics for Catholics

In a harsh blow to American taxpayers, a Biden-era appointed judge ruled blue states must keep spending monies on transgender procedures. 

The move from the judge came after a coalition of 20 states, Washington D.C., and Pennsylvania Governor Josh Shapiro, sued the Department of Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr. over a December 2025 statement that told medical providers and organizations they can be denied Medicaid and Medicare funding if they continue providing harmful “sex-rejecting procedures” to children.

“Sex-rejecting procedures for children and adolescents are neither safe nor effective as a treatment modality for gender dysphoria, gender incongruence, or other related disorders in minors, and therefore, fail to meet professional[ly] recognized standards of health care,” states Kennedy’s declaration, according to a story by The Daily Wire.

In the document, Kennedy explained that the term “sex-rejecting procedures” includes puberty blockers, cross-sex hormones, and surgeries, which are sometimes referred to as “gender-affirming care.”

But Mustafa Kasubhai, a U.S. District Judge who is known for being a court activist who supports transgender issues, vacated the declaration on April 18, calling it “unlawful” and “one man’s musings on gender-affirming care.”

“This Court is not persuaded by Defendants’ attempts to gaslight it into believing that the Kennedy Declaration does anything other than what it says: proclaims that gender-affirming care for minors falls below professionally recognized standards of care, supersedes state laws that say otherwise,” wrote Kasubhai in his opinion. “Secretary Kennedy’s unlawful declaration harmed children. This case illustrates that when a leader acts without authority and in the absence of the rule of law, he acts with cruelty.”

But HHS Press Secretary Emily Hilliard countered by telling the Daily Wire: “HHS will continue to fight to protect our nation’s children, as this Biden-appointed judge’s ruling puts radical ideology ahead of their safety.” 

The lawsuit’s plaintiffs include: Oregon, Washington State, New York, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Rhode Island, Vermont, Wisconsin, the District of Columbia, and the Governor of Pennsylvania, Josh Shapiro.

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