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Terri's avatar

And now another emergency application to Trump’s SCOTUS where it is a lock where it is a lock which side at least 5 of them will align. So don’t pop any champagne just yet. Bleak times for the rule of law.

Joel W. Crump's avatar

I hate to say it, but we may well see material unrest before this is all over. I don't think it has to be that way, because there is an answer on the horizon, but I'm not convinced the militant aspect of our side is going to wait for that.

Brianna Amore's avatar

Thank DAWG these cases ended up in Judge Boasberg's docket and not some rabid pro-Trump MAGA judge's docket. I suppose the next step for the FTC is to file these cases in the Fifth Circuit so they end up in front of Judge Kacsmaryk instead. Because you know they'll keep judge shopping until they get the result they're looking for.

Larry Erickson's avatar

That, they can't do. This was in the DC District Court so an appeal would go to the DC Court of Appeals. Despite my cynicism, I can't imagine that even the 5th CCoA would take an appeal from a case in a different circuit.

They could try to re-file the case from scratch in the 5th Circuit, but even that would face a hard-to-refuse motion for change of venue because the agency is in DC.

Larry Erickson's avatar

Not exactly. As I understand it, what happened here is that the DOJ issued a subpoena and both sought and got an order to enforce it all on the same day (April 30). They technically could file for that order anywhere since it's a new order unrelated to an existing suit.

It's true that the Texas court could and should have said "You filed this in the wrong place. Go away." But what matters here is that this is not a case of trying to appeal a district court ruling in a different circuit.

What's happening is that the subpoena itself is being challenged in the federal district court for Rhode Island. If that court issues an injunction (which, as the brief notes, seven other courts have done with similar demands), an appeal would have to go to the 1st CCoA, not the 5th.

As a sidebar, I was amused to see that the filing by the ACLU on behalf of the Child Advocate for RI used the Skrmetti decision against the DOJ, noting that in it (quoting the filing) "the Supreme Court reaffirmed that '[w]e afford States "wide discretion to pass legislation in areas where there is medical and scientific uncertainty,"' including specifically in the area of medical care for gender dysphoria."

In other words. the DOJ is trying to deny Rhode Island the very latitude that Skremetti allowed it.

Joel W. Crump's avatar

You mean it's illegal for government to treat people with disregard because of who they are? What a concept! If only we'd known that, say, ever since the civil-rights movement, heh. I swear to God, the right wing is just ludicrous, between Dobbs, transphobic lunatic reactionary nonsense, gerrymandering and trying to say our side started that, blaming all left-wing people for Charlie Kirk's murder, on and on. It's just pathetic, these are pathetically brain-damaged people.

Sara's avatar

I will be so grateful when this nonsense is over. It is exhausting.

Erica Forman's avatar

Some good news for a change. I want to send Judge Boasberg some flowers, I think.

Mike Gelt's avatar

Chief Judge James Boasberg ruling in favor of the Endocrine Society and the World Professional Association for Transgender Health, along mentioning the vacating the declaration tied to Robert F. Kennedy Jr., is a major step forward for the transgender community.

These decisions reaffirm that science, evidence-based medical care, and constitutional protections still matter.

For transgender people, their families, and the medical professionals who support them, this ruling sends an important message: intimidation, political retaliation, and attacks on established standards of care should not replace medical expertise or basic human dignity.

The fight for equality and access to care is far from over, but this decision shows that the courts can still serve as a critical safeguard against government overreach and discrimination.

Now it's time for all those hospitals, clinics, doctors and organizations that rendered services to the transgender community will once again open their doors to this community.

Brianna Amore's avatar

This plus yesterday's Trevor Project study finding twice the amount of suicide risk for trans kids who can't get hormone therapy SHOULD put the nail in the coffin for all the anti-trans arguments that gender affirming care isn't lifesaving care.

Key word: "should". But as we all know these people will never stop trying to erase us.

Mike Gelt's avatar

I agree should is the key - but unfortunately we still have trump, jfk jr, religious zealots, and others who will never get it.

Talia Perkins's avatar

I am glad to hear the fishing expedition was shut down.

This isn't the SCOTUS making the call, so I hope the decision sticks.

Thank you for the reporting, Erin.

And of course, particularly when done by people acting as officers of jurisdiction, participation in this propaganda effort to abuse transgene people in law and policy can make people subject to prosecution under 42 U.S.C. § 1983, 18 U.S.C. § 241, & 18 U.S.C. § 242. Getting that done should become a Democrat party platform plank.

Some of these SoCons* can be taken out of circulation, and the rest discouraged thereby.

*Social Conservatives.

Stacy Dudovitz's avatar

Text from Erin's article:

"The judge also ruled that the CIDs were designed to chill protected speech regardless of whether the FTC ever pursued formal enforcement."

That is still the case with regards to the majority of hospitals that have shuttered gender affirming care for youth.

Text from Erin's article:

"the Kennedy Declaration, which drove more than 40 hospital systems to shutter their trans youth programs before a federal judge vacated it as unlawful last month;"

According to the Needle's updated page dated May 5:

"Weeks after judge demands trans youth healthcare continue, no hospitals have reopened care"

https://theneedlenews.com/2026/05/weeks-after-judge-demands-trans-youth-healthcare-continue-no-hospitals-have-reopened-care/

I asked ChatGPT to check hospitals cited in earlier posts, here are the results:

Hospital / system status check - youth gender-affirming care

As of May 8, 2026, public evidence does not support a blanket statement that every hospital has reopened youth gender-affirming care after recent rulings. Rady Children's in San Diego appears to be a significant exception because California litigation produced a court order requiring continued care, excluding major surgeries.

Hospital / system: Rady Children's Hospital / Rady Children's Health, San Diego

Status: Care appears to be continuing under court order, with major surgery excluded.

Evidence note: NBC San Diego reported that a judge ordered Rady to continue gender-affirming care for patients under 19, excluding major surgeries. Rady's own site still lists a Center for Gender Affirming Care phone number.

Hospital / system: CHOC / Rady Children's Health Orange County

Status: Likely covered by the Rady/CHOC litigation context, but less direct public confirmation was found than for San Diego.

Evidence note: LAist reported that CHOC and Rady ended gender-affirming hormone therapy for under-19 patients on Feb. 6 pending AG litigation. The strongest directly accessible confirmation I found named Rady San Diego.

Hospital / system: Children's Hospital Colorado

Status: No public evidence found that youth medical gender-affirming care has reopened.

Evidence note: Colorado Sun reported that care remained suspended, and later reported that the Colorado Supreme Court was still weighing whether to require Children's to resume care. The Needle also said Children's Colorado had not reinstated youth transition care after the federal ruling.

Hospital / system: University of Colorado Health / UCHealth

Status: No clear public evidence found of youth care reopening.

Evidence note: UCHealth's public statement concerns surgical age restrictions, not a clear reopening of pediatric medical care. The Needle said it contacted University of Colorado Health System and received no response.

Hospital / system: NYU Langone

Status: No public evidence found that NYU Langone reopened its Transgender Youth Health Program.

Evidence note: NYU News reported that NYU Langone had not resumed the program after the federal ruling. The Needle documented the closure and removal/reframing of youth program pages.

Hospital / system: Children's Minnesota

Status: Yes. This one did resume care, although the resumption predated the later Kennedy Declaration ruling.

Evidence note: MPR reported that Children's Minnesota would resume all services in its gender health program. The Needle treated this as a limited reopening case that predates the federal ruling.

Hospital / system: Children's Hospital Los Angeles / CHLA

Status: No public evidence of reopening found.

Evidence note: AP and local reporting described CHLA's Center for Transyouth Health and Development as closing in July 2025. No current public reopening notice was found.

I hate this administration 😡

Julia Allen-Hesse's avatar

They'll appeal to scotus and they'll win.

Joan the Dork's avatar

If they're reaching all the way back to the fucking 1970s, they might as well drop the pretense of this having anything 𝘸𝘩𝘢𝘵𝘴𝘰𝘦𝘷𝘦𝘳 to do with children. My pushing-40 Millennial ass was still years away from even being born in 1979, and the 𝘺𝘰𝘶𝘯𝘨𝘦𝘴𝘵 of my generation are in their 30s; they're straight up gunning for Boomers and Gen X with 𝘵𝘩𝘪𝘴 shit. Like in every other right-wing culture war, children were just the smokescreen. There is 𝘯𝘰 age at which these fascist fucks believe we're mature enough to make our own decisions.