District Court judge permanently enjoins the “Kennedy Declaration,” voiding the regime’s effort to heavily curtail gender-affirming care.
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“… proclaims that gender-affirming care for minors falls below professionally recognized standards of care, supersedes state laws that say otherwise, and empowers OIG to exclude healthcare providers from federal healthcare programs if they provide such care.” 10/
The court proceeds to explain how RFK Jr. and HHS egregiously violated every part of the Administrative Procedure Act. The court concludes: 11/
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The court proceeds to explain how RFK Jr. and HHS egregiously violated every part of the Administrative Procedure Act. The court concludes: 11/
“This Court can scarcely recall an APA action that has come before it in which the agency’s action was so clearly unlawful. Indeed, many of Defendants’ arguments rest on the
same falsehoods about the Kennedy Declaration and its effects that the Court already rejected in
response to Defendants’ jurisdictional arguments. … 12/ -
“This Court can scarcely recall an APA action that has come before it in which the agency’s action was so clearly unlawful. Indeed, many of Defendants’ arguments rest on the
same falsehoods about the Kennedy Declaration and its effects that the Court already rejected in
response to Defendants’ jurisdictional arguments. … 12/“Defendants’ merits briefing takes these absurd
arguments a step further by suggesting that finding the Kennedy Declaration unlawful would
impinge Secretary Kennedy’s First Amendment right to express his views and hinder public
debate on a matter of public importance. … 13/ -
“Defendants’ merits briefing takes these absurd
arguments a step further by suggesting that finding the Kennedy Declaration unlawful would
impinge Secretary Kennedy’s First Amendment right to express his views and hinder public
debate on a matter of public importance. … 13/“Defendants cannot bully or gaslight this Court into ignoring the many procedural and
legal flaws of the Kennedy Declaration by invoking one of the most sacred principles of our
constitutional democracy—the freedom of speech—when that principle comes nowhere close to
being implicated.”The judge is simply not having any of the executive branch’s bullshit. 14/
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“Defendants cannot bully or gaslight this Court into ignoring the many procedural and
legal flaws of the Kennedy Declaration by invoking one of the most sacred principles of our
constitutional democracy—the freedom of speech—when that principle comes nowhere close to
being implicated.”The judge is simply not having any of the executive branch’s bullshit. 14/
Along the way to granting the plaintiffs every possible form of relief from the Kennedy Declaration and subsequent HHS action, the judge writes: 15/
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R relay@relay.mycrowd.ca shared this topic
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Along the way to granting the plaintiffs every possible form of relief from the Kennedy Declaration and subsequent HHS action, the judge writes: 15/
“The Defendants’ unserious approach to governance stumbles far below the necessary commitment to a constitutional democracy that requires the rule of law to be
regarded, respected, and honored as sacred. Considering Defendants’ arguments in this case and this administration’s repeated flouting of court orders and the rule of law, the Court finds that declaratory relief alone is
insufficient… 16/ -
“The Defendants’ unserious approach to governance stumbles far below the necessary commitment to a constitutional democracy that requires the rule of law to be
regarded, respected, and honored as sacred. Considering Defendants’ arguments in this case and this administration’s repeated flouting of court orders and the rule of law, the Court finds that declaratory relief alone is
insufficient… 16/“injunctive relief is warranted here because, unlike declaratory relief, it is ‘backed by the power of contempt.’”
The judge is making it clear that the Trump executive branch is the worst sort of lawbreaker. 17/
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“injunctive relief is warranted here because, unlike declaratory relief, it is ‘backed by the power of contempt.’”
The judge is making it clear that the Trump executive branch is the worst sort of lawbreaker. 17/
Finally, in an absolute genius touch, the judge signs the opinion:
“s/ Mustafa T. Kasubhai
MUSTAFA T. KASUBHAI (he/him)
United States District Judge” 18/ -
Finally, in an absolute genius touch, the judge signs the opinion:
“s/ Mustafa T. Kasubhai
MUSTAFA T. KASUBHAI (he/him)
United States District Judge” 18/@heidilifeldman Bless this judge to the moon and back again.
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Finally, in an absolute genius touch, the judge signs the opinion:
“s/ Mustafa T. Kasubhai
MUSTAFA T. KASUBHAI (he/him)
United States District Judge” 18/Today the NY Times published an expose of the Roberts Court which made me ashamed to be in any way associated with the same profession as its members. But I will always be keenly proud to be associated with a jurist like Judge Kasubhai. 19/19
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“injunctive relief is warranted here because, unlike declaratory relief, it is ‘backed by the power of contempt.’”
The judge is making it clear that the Trump executive branch is the worst sort of lawbreaker. 17/
"The Defendants’ unserious approach to governance stumbles far below the necessary commitment to a constitutional democracy that requires the rule of law to be regarded, respected, and honored as sacred."
That phrase needs to be carved in stone and erected on the steps leading up to the Supreme Court of these United States
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"The Defendants’ unserious approach to governance stumbles far below the necessary commitment to a constitutional democracy that requires the rule of law to be regarded, respected, and honored as sacred."
That phrase needs to be carved in stone and erected on the steps leading up to the Supreme Court of these United States
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Today the NY Times published an expose of the Roberts Court which made me ashamed to be in any way associated with the same profession as its members. But I will always be keenly proud to be associated with a jurist like Judge Kasubhai. 19/19
Have the memos themselves been published? I haven't found them.
Edit: found them. https://www.nytimes.com/interactive/2026/04/18/us/politics/supreme-court-shadow-docket-papers.html?unlocked_article_code=1.b1A.dzSF.wz_5vPdYOtOQ
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"The Defendants’ unserious approach to governance stumbles far below the necessary commitment to a constitutional democracy that requires the rule of law to be regarded, respected, and honored as sacred."
That phrase needs to be carved in stone and erected on the steps leading up to the Supreme Court of these United States
@FinchHaven @heidilifeldman it really is one for the books
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System shared this topic
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“Defendants cannot bully or gaslight this Court into ignoring the many procedural and
legal flaws of the Kennedy Declaration by invoking one of the most sacred principles of our
constitutional democracy—the freedom of speech—when that principle comes nowhere close to
being implicated.”The judge is simply not having any of the executive branch’s bullshit. 14/
@heidilifeldman I’m reading this and gasping with every post. This judge is not playing. Beautiful to see it.
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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
@heidilifeldman tysm, great breakdown for us, as usual
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Finally, in an absolute genius touch, the judge signs the opinion:
“s/ Mustafa T. Kasubhai
MUSTAFA T. KASUBHAI (he/him)
United States District Judge” 18/@heidilifeldman As a parent of a trans kid (now a wonderful adult), I want to send this judge flowers, chocolate, booze, whatever!
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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
@heidilifeldman
RFK Jr is a moron. Gender-affirming care is not relegated to trans children. It's often used to treat maladies among the cis population, and that far outweighs the number of its uses on the trans population. The ignorance of this administration abounds, and they should not be in power to make these decisions. -
Today the NY Times published an expose of the Roberts Court which made me ashamed to be in any way associated with the same profession as its members. But I will always be keenly proud to be associated with a jurist like Judge Kasubhai. 19/19
@heidilifeldman @mastoreaderio Unroll.
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@heidilifeldman @mastoreaderio Unroll.
@msbellows here's the unrolled thread: https://mastoreader.io?url=https%3A%2F%2Fc.im%2F%40msbellows%2F116429761800302248
Next time, kindly set the visibility to 'Mentioned people only' and mention only me (@mastoreaderio). This ensures we avoid spamming others' timelines and threads unless you intend for others to see the unrolled thread link as well.
Thank you!
