In court filings on Thursday, Kashubai, a Biden-appointee, made it known that he intended to deny Kennedy's request for dismissal and grant Oregon's motion for summary judgment.
In December, Kennedy issued a declaration that stated "sex-rejecting procedures for children and adolescents are neither safe nor effective as a treatment modality for gender dysphoria, gender incongruence, or other related disorders in minors, and therefore, fail to meet professional recognized standards of health care."
The declaration exempted treatments for a "medically verifiable disorder of sexual development," cosmetic procedures related to a person's biological sex and for complications arising from a "sex-rejecting procedure."
The motion called for Kennedy's declaration to be declared unlawful; to vacate and set aside the declaration; and block the secretary from implementing the proposed rule.
The plaintiffs in the case include Oregon, Washington state, New York, California, Colorado, Connecticut, D.C., Delaware, Illinois, Maine, Maryland, Masachusetts, Michigan, Minnesota, New Jersey, New Mexico, Pennsylvania, Rhode Island, Vermont and Wisconsin.
Kashubai gave parties until April 2 to provide a supplemental briefing regarding the plaintiffs' request.
"The freedom to make personal healthcare decisions — with your family and your doctor — is a fundamental Oregon value," Oregon Attorney General Dan Rayfield (D) said in a statement on Thursday's ruling. "It's rooted in our belief that every person deserves dignity, compassion, and care."
"The court saw through the federal government's attempt to bully hospitals and providers into abandoning their patients, and ruled on the side of those values."
This marks the second legal setback Kennedy has faced this week, with another Biden-appointee ruling that his new, reduced childhood immunization schedule, as well as his remaking of an influential federal vaccine committee, were both unlawful, blocking them from continuing.
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