In a bold move to protect accessible health care for transgender youth, Attorney General Kwame Raoul, alongside a coalition of 20 attorneys general, has filed a lawsuit against the Trump administration. The suit, first reported by the Illinois Attorney General's office, seeks to counteract what is described as a baseless federal attack on gender-affirming care by the U.S. Department of Health and Human Services (HHS).
According to the statement from the Illinois Attorney General's office, the lawsuit challenges a so-called "declaration" by HHS Secretary Kennedy that alleges certain forms of gender-affirming care to be "unsafe and ineffective." This contention by the secretary is in direct opposition to medical standards and threatens to bar medical providers who offer such care from participating in Medicare and Medicaid programs.
Attorney General Raoul accused the administration of trying to set medical policy without following proper legal procedures. "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," Raoul said. He emphasized the administration's pattern of targeting transgender youth and their providers, framing this legal action as part of an ongoing commitment to counter such attacks.
Not only does the suit address the immediate declaration by Secretary Kennedy, but it also responds to HHS’s two proposed rules that would severely restrict gender-affirming care under Medicare and Medicaid. These rules are not yet in effect, and public comments are accepted until February 17, 2026. The coalition led by Raoul asserts that HHS is unconstitutionally overstepping its bounds, attempting to override state-regulated medical practice norms.
Furthermore, Raoul and the attorneys general warn of the severe repercussions that could ensue if the HHS declaration were to be enforced. The declaration causes uncertainty for transgender youths and potentially jeopardizes the Medicaid programs that many rely on. States depend on a diverse network of providers for health services, and penalizing those who provide gender-affirming care can lead to reduced care access and worsen provider shortages.
The litigation aims to have the court declare HHS's action unlawful and prevent its enforcement. Attorney General Raoul's track record of advocacy for transgender rights is well-documented, including previous lawsuits against HHS and support for transgender individuals' rights in various legal settings. Attorneys general from states across the nation, including California, New York, and Washington, have joined the legal challenge, indicating a widespread rejection of the federal government's attempt to dictate state-regulated medical practices.
