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  3. District Court judge permanently enjoins the “Kennedy Declaration,” voiding the regime’s effort to heavily curtail gender-affirming care.

District Court judge permanently enjoins the “Kennedy Declaration,” voiding the regime’s effort to heavily curtail gender-affirming care.

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lawfedi
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  • heidilifeldman@mastodon.socialH heidilifeldman@mastodon.social

    “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/

    heidilifeldman@mastodon.socialH This user is from outside of this forum
    heidilifeldman@mastodon.socialH This user is from outside of this forum
    heidilifeldman@mastodon.social
    wrote last edited by
    #14

    “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@mastodon.socialH icooiey@mastodon.greenI 2 Replies Last reply
    1
    0
    • heidilifeldman@mastodon.socialH heidilifeldman@mastodon.social

      “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@mastodon.socialH This user is from outside of this forum
      heidilifeldman@mastodon.socialH This user is from outside of this forum
      heidilifeldman@mastodon.social
      wrote last edited by
      #15

      Along the way to granting the plaintiffs every possible form of relief from the Kennedy Declaration and subsequent HHS action, the judge writes: 15/

      heidilifeldman@mastodon.socialH 1 Reply Last reply
      0
      • R relay@relay.mycrowd.ca shared this topic
      • heidilifeldman@mastodon.socialH heidilifeldman@mastodon.social

        Along the way to granting the plaintiffs every possible form of relief from the Kennedy Declaration and subsequent HHS action, the judge writes: 15/

        heidilifeldman@mastodon.socialH This user is from outside of this forum
        heidilifeldman@mastodon.socialH This user is from outside of this forum
        heidilifeldman@mastodon.social
        wrote last edited by
        #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/

        heidilifeldman@mastodon.socialH 1 Reply Last reply
        1
        0
        • heidilifeldman@mastodon.socialH heidilifeldman@mastodon.social

          “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/

          heidilifeldman@mastodon.socialH This user is from outside of this forum
          heidilifeldman@mastodon.socialH This user is from outside of this forum
          heidilifeldman@mastodon.social
          wrote last edited by
          #17

          “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/

          heidilifeldman@mastodon.socialH finchhaven@sfba.socialF 2 Replies Last reply
          0
          • heidilifeldman@mastodon.socialH heidilifeldman@mastodon.social

            “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/

            heidilifeldman@mastodon.socialH This user is from outside of this forum
            heidilifeldman@mastodon.socialH This user is from outside of this forum
            heidilifeldman@mastodon.social
            wrote last edited by
            #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/

            knownasrose@mstdn.socialK heidilifeldman@mastodon.socialH jqheywood@mastodon.socialJ 3 Replies Last reply
            2
            0
            • heidilifeldman@mastodon.socialH heidilifeldman@mastodon.social

              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/

              knownasrose@mstdn.socialK This user is from outside of this forum
              knownasrose@mstdn.socialK This user is from outside of this forum
              knownasrose@mstdn.social
              wrote last edited by
              #19

              @heidilifeldman Bless this judge to the moon and back again.

              jamesk@sfba.socialJ 1 Reply Last reply
              0
              • heidilifeldman@mastodon.socialH heidilifeldman@mastodon.social

                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@mastodon.socialH This user is from outside of this forum
                heidilifeldman@mastodon.socialH This user is from outside of this forum
                heidilifeldman@mastodon.social
                wrote last edited by
                #20

                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

                jmcrookston@mastodon.socialJ msbellows@c.imM 2 Replies Last reply
                0
                • heidilifeldman@mastodon.socialH heidilifeldman@mastodon.social

                  “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/

                  finchhaven@sfba.socialF This user is from outside of this forum
                  finchhaven@sfba.socialF This user is from outside of this forum
                  finchhaven@sfba.social
                  wrote last edited by
                  #21

                  @heidilifeldman

                  "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

                  heidilifeldman@mastodon.socialH blogdiva@mastodon.socialB 2 Replies Last reply
                  0
                  • finchhaven@sfba.socialF finchhaven@sfba.social

                    @heidilifeldman

                    "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

                    heidilifeldman@mastodon.socialH This user is from outside of this forum
                    heidilifeldman@mastodon.socialH This user is from outside of this forum
                    heidilifeldman@mastodon.social
                    wrote last edited by
                    #22

                    @FinchHaven 💯

                    1 Reply Last reply
                    0
                    • heidilifeldman@mastodon.socialH heidilifeldman@mastodon.social

                      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

                      jmcrookston@mastodon.socialJ This user is from outside of this forum
                      jmcrookston@mastodon.socialJ This user is from outside of this forum
                      jmcrookston@mastodon.social
                      wrote last edited by
                      #23

                      @heidilifeldman

                      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

                      1 Reply Last reply
                      0
                      • finchhaven@sfba.socialF finchhaven@sfba.social

                        @heidilifeldman

                        "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

                        blogdiva@mastodon.socialB This user is from outside of this forum
                        blogdiva@mastodon.socialB This user is from outside of this forum
                        blogdiva@mastodon.social
                        wrote last edited by
                        #24

                        @FinchHaven @heidilifeldman it really is one for the books

                        1 Reply Last reply
                        0
                        • System shared this topic
                        • heidilifeldman@mastodon.socialH heidilifeldman@mastodon.social

                          “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/

                          icooiey@mastodon.greenI This user is from outside of this forum
                          icooiey@mastodon.greenI This user is from outside of this forum
                          icooiey@mastodon.green
                          wrote last edited by
                          #25

                          @heidilifeldman I’m reading this and gasping with every post. This judge is not playing. Beautiful to see it.

                          1 Reply Last reply
                          0
                          • heidilifeldman@mastodon.socialH heidilifeldman@mastodon.social

                            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

                            processparsnip@mastodon.ieP This user is from outside of this forum
                            processparsnip@mastodon.ieP This user is from outside of this forum
                            processparsnip@mastodon.ie
                            wrote last edited by
                            #26

                            @heidilifeldman tysm, great breakdown for us, as usual

                            1 Reply Last reply
                            0
                            • heidilifeldman@mastodon.socialH heidilifeldman@mastodon.social

                              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/

                              jqheywood@mastodon.socialJ This user is from outside of this forum
                              jqheywood@mastodon.socialJ This user is from outside of this forum
                              jqheywood@mastodon.social
                              wrote last edited by
                              #27

                              @heidilifeldman As a parent of a trans kid (now a wonderful adult), I want to send this judge flowers, chocolate, booze, whatever!

                              brucemirken@mas.toB 1 Reply Last reply
                              0
                              • heidilifeldman@mastodon.socialH heidilifeldman@mastodon.social

                                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

                                autumnbaum@mindly.socialA This user is from outside of this forum
                                autumnbaum@mindly.socialA This user is from outside of this forum
                                autumnbaum@mindly.social
                                wrote last edited by
                                #28

                                @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.

                                1 Reply Last reply
                                0
                                • heidilifeldman@mastodon.socialH heidilifeldman@mastodon.social

                                  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

                                  msbellows@c.imM This user is from outside of this forum
                                  msbellows@c.imM This user is from outside of this forum
                                  msbellows@c.im
                                  wrote last edited by
                                  #29

                                  @heidilifeldman @mastoreaderio Unroll.

                                  mastoreaderio@mastodon.socialM 1 Reply Last reply
                                  0
                                  • msbellows@c.imM msbellows@c.im

                                    @heidilifeldman @mastoreaderio Unroll.

                                    mastoreaderio@mastodon.socialM This user is from outside of this forum
                                    mastoreaderio@mastodon.socialM This user is from outside of this forum
                                    mastoreaderio@mastodon.social
                                    wrote last edited by
                                    #30

                                    @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!

                                    1 Reply Last reply
                                    0
                                    • heidilifeldman@mastodon.socialH heidilifeldman@mastodon.social

                                      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

                                      cwilbur@sfba.socialC This user is from outside of this forum
                                      cwilbur@sfba.socialC This user is from outside of this forum
                                      cwilbur@sfba.social
                                      wrote last edited by
                                      #31

                                      @heidilifeldman Kudos for calling it a regime rather than an administration. There’s not a whole lot of administering going on right now.

                                      1 Reply Last reply
                                      0
                                      • heidilifeldman@mastodon.socialH heidilifeldman@mastodon.social

                                        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

                                        joy_intl@mastodon.onlineJ This user is from outside of this forum
                                        joy_intl@mastodon.onlineJ This user is from outside of this forum
                                        joy_intl@mastodon.online
                                        wrote last edited by
                                        #32

                                        @heidilifeldman "Activist judges" these days just means upholding the rule of law.

                                        1 Reply Last reply
                                        0
                                        • jqheywood@mastodon.socialJ jqheywood@mastodon.social

                                          @heidilifeldman As a parent of a trans kid (now a wonderful adult), I want to send this judge flowers, chocolate, booze, whatever!

                                          brucemirken@mas.toB This user is from outside of this forum
                                          brucemirken@mas.toB This user is from outside of this forum
                                          brucemirken@mas.to
                                          wrote last edited by
                                          #33

                                          @jqheywood @heidilifeldman I'll chip in!

                                          1 Reply Last reply
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