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Zoe Jane Halo's avatar

This is important to be precise about: no federal funding has actually been cut. What happened here is preemptive compliance, not enforcement.

For the Trump administration to legally do what they’re threatening, they would have to clear multiple hurdles they haven’t even started climbing yet: pass new law or issue a valid CMS rule through formal notice-and-comment, survive Administrative Procedure Act review, avoid unconstitutional coercion under the Spending Clause (you can’t threaten an entire hospital system’s funding over a narrow category of care), provide due process to each institution, and then win prolonged federal litigation against hospitals and states. That’s months or years, not a memo and a scare tactic.

None of that has happened. Not once. There is no precedent for CMS successfully pulling Medicare/Medicaid funding from a hospital for providing gender-affirming care.

Mary Bridge didn’t lose a legal fight — they chose not to have one. Understandable from a risk-averse executive perspective, maybe, but not neutral. Every institution that folds early teaches the federal government that intimidation works without courts, rules, or accountability.

That’s the danger here. If trans kids are acceptable collateral today, the list of “politically inconvenient” care that gets quietly dropped tomorrow only grows.

Rebecca Harper's avatar

This literally makes me nauseous. I don’t understand how people can just turn their backs on the most vulnerable youth of this country.

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