District of Oregon vacates HHS "Kennedy Declaration" in 21-state challenge (State of Oregon v. Kennedy)

OtherCOURT

Date
Actor
U.S. District Court for the District of Oregon (Judge Mustafa T. Kasubhai); HHS (defendant)
Agency
Federal court (COURT)
Type
Other (litigation status of HHS action)
Section
2026 DEVELOPMENTS SWEEP (JANUARY–AUGUST 2026)

Summary

In State of Oregon v. Kennedy, No. 6:25-cv-02409 (D. Or., filed December 23, 2025), a coalition of 21 state attorneys general challenges HHS Secretary Robert F. Kennedy Jr.'s December 18, 2025 declaration issued alongside the CMS gender-affirming-care rulemaking package. On April 18, 2026 Judge Kasubhai vacates the Kennedy Declaration. In late June 2026 the administration petitions the court to amend its judgment. (see also sections 2, 10)

Status

Declaration vacated; injunction in effect; government motion to amend judgment pending; HHS states it still "intends to issue a final rule." Update, Sept. 23, 2026: On Sept. 17, 2026, the court (Kasubhai, J.) denied the government's motion to amend the judgment (D. Or. No. 6:25-cv-02409, ECF 96; order at ECF 105), holding defendants failed to identify any clear error or other basis under Rule 59(e); the April 18, 2026 declaratory judgment vacating the Kennedy Declaration stands as originally entered, and no notice of appeal has been filed.

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