Attorney General Kwame Raoul has joined a coalition of 20 attorneys general in filing a lawsuit against the Trump administration. The legal action challenges a recent declaration by the secretary of the U.S. Department of Health and Human Services (HHS) that claims certain gender-affirming health care for young people is “unsafe and ineffective.” The declaration also threatens to exclude doctors, hospitals, and clinics providing such care from participating in federal Medicare and Medicaid programs.
The lawsuit argues that Secretary Kennedy’s declaration violates federal law by attempting to establish a national medical standard without following proper procedures, including public notice and comment. The attorneys general assert that this move undermines states’ traditional authority to regulate medical practice.
“Secretary Kennedy does not have the authority to undermine medical standards of care or set conditions on participation in Medicaid and Medicare through a so-called declaration,” said Attorney General Raoul. “The Trump administration is once again circumventing the law to cruelly target transgender youth and their medical providers. I will continue to take action against attacks on essential health care and the flagrant disregard of the rule of law, and I continue to stand with transgender youth and their medical providers.”
On December 18, HHS released its declaration asserting new powers to exclude health care providers offering gender-affirming care for transgender adolescents from federal programs. Additionally, HHS recently introduced two proposed rules that would bar these providers from participating in Medicare and Medicaid, as well as prohibit Medicaid payments for transgender health care services. These proposals are open for public comment until February 17, 2026.
According to Raoul and other attorneys general, HHS’s approach circumvents established legal requirements that agencies must provide public notice and opportunity for comment before implementing significant policy changes. They argue that issuing an immediate nationwide declaration without consulting stakeholders represents an overreach by the federal government into areas historically regulated by states.
The coalition warns that if enforced, HHS’s actions could have broad impacts: families may lose access to ongoing medically necessary care; doctors could face penalties for providing evidence-based treatment; state Medicaid programs could be disrupted; provider shortages might worsen; and overall access to essential health services could decline.
Raoul has previously challenged similar efforts by the Trump administration regarding transgender health care. In August, his office co-led another multistate lawsuit contesting restrictions on medically necessary care for transgender youth. In September, Raoul filed suit over threats to withdraw funding from reproductive and sexual health education programs containing affirming language about gender identity. His office has also submitted amicus briefs supporting transgender individuals’ rights in areas such as military service, passport access, and medical privacy.
Attorneys general from California, Colorado, Connecticut, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, Wisconsin—and the governor of Pennsylvania—have joined Raoul in this lawsuit.