Unserious Leaders

Unserious leaders are unsafe.  There is nothing more serious than our leaders’ dedication to the rule of law so that we might maintain the integrity of our constitutional democracy.  This case highlights a leader’s unserious regard for the rule of law.  This case demonstrates how disregard for the rule of law does not merely result in an abstract infraction.  Rather, and tragically, this case is one of a long list of examples of how a leader’s wanton disregard for the rule of law causes very real harm to very real people.

This Court can and does judge the lawfulness of the process (or lack thereof) by which any policy choice might be made.  Here, the Secretary of Health and Human Services, Robert F. Kennedy, Jr., unlawfully issued a declaration threatening to cut federal funding to medical providers who provided gender-affirming care to minors.  If such a declaration could have been enacted lawfully, there might have been ample time and opportunity for medical providers, families, and children -- all people and institutions of our great nation -- to seek out other alternatives and options.  Secretary Kennedy’s utter failure to promulgate rules in accordance with statutory authority, but instead threaten to cease federal funding to medical providers almost immediately after the declaration, caused chaos and terror for all those people and institutions of our great nation.  Secretary Kennedy’s unlawful declaration harmed children.  This case illustrates that when a leader acts without authority and in the absence of the rule of law, he acts with cruelty.

-- US District Judge Mustafa T. Kasubhai (he/him), ruling against limitations on gender affirming care in Oregon v Secretary of Health and Human Services Robert F. Kennedy, Jr (18 April 2026)