CORRECTION: the District of Oregon injunction reaches the Kennedy Declaration, not the CoP rulemaking

State of Oregon v. Kennedy, No. 6:25-cv-02409-MTK, vacated and permanently enjoined enforcement of the December 18, 2025 Kennedy Declaration — a sub-regulatory standard-of-care declaration backed by HHS-OIG exclusion threats — as in excess of statutory authority and issued without required procedure. The judgment (ECF 94, April 18, 2026) enjoins reliance on that Declaration "or any materially similar policy" as against providers in the plaintiff States. It does not enjoin the hospital Conditions of Participation rulemaking, and the plaintiff States never asked it to; the 49-page opinion contains no substantive reference to 42 CFR 482 or the CoP proposal. The States cited the two proper NPRMs only as a favorable contrast, arguing the Declaration should likewise have gone through notice and comment. Plaintiffs were 20 states plus the District of Columbia (21 AG-represented jurisdictions), with Pennsylvania's Governor suing separately.