The opinion highlights how, without going through the fact-finding and notice and comment required by law, RFK Jr. decreed that gender-affirming care, especially for children, is not a medically appropriate treatment modality and then how swiftly HHS began to threaten major children’s hospitals with being struck off from Medicaid and Medicare so as to coerce these institutions into immediately denying gender-affirming care. 5/
“… Rather, and tragically, this case is one of a long list of examples of how a leader’s wanton disregard for the rule of law causes very real harm to very real people.” 3/
The opening of the opinion will go down in history as a vital expression of pro-democracy adjudication. “Unserious leaders are unsafe. There is nothing more serious than our leaders’ dedication to the rule of law so that we might maintain the integrity of our constitutional democracy. This case highlights a leader’s unserious regard for the rule of law. This case demonstrates how disregard for the rule of law does not merely result in an abstract infraction. … 2/
District Court judge permanently enjoins the “Kennedy Declaration,” voiding the regime’s effort to heavily curtail gender-affirming care. As always nowadays, we can’t count on higher federal courts to uphold this judgment. But no matter what we have another example of a trial court judge showing what it is to do justice in the face of fascism. 1/ https://storage.courtlistener.com/recap/gov.uscourts.ord.191371/gov.uscourts.ord.191371.93.0_1.pdf#LawFedi
The judge eloquently explains how RFK Jr.’s fascist disregard for rule of law connects with cruelty. “Secretary Kennedy’s utter failure to promulgate rules in accordance with statutory authority, but instead threaten to cease federal funding to medical providers almost immediately after the declaration, caused chaos and terror for all those people and institutions of our great nation. Secretary Kennedy’s unlawful declaration harmed children.“ 4/
Progressive defenders of democracy in every state need to network and get ideas from each other. In #NewMexico, Land of Action will make this easier. https://www.landofaction.org/
Law professor (emeritus), philosopher, progressive. Committed to rule of law and pluralistic democracy. Interests include art, books, history, science, cats, sharp wit. Boosts are not necessarily endorsements.