That's the opening line from yesterday's Oregon v. Kennedy, by Judge Mustafa Kasubhai (D. Or.) (the only federal judge I've seen who includes pronouns, in this instance "he/him," in his signature block; perhaps there are a few others, but very few). I'm not knowledgeable enough on the substance to speak to the administrative law issues here, I'm no fan of Kennedy, and it would certainly not surprise me that the Administration's actions here were inconsistent with federal law. But my tentative sense is that, whatever one might personally think about Kennedy's seriousness, judges' decisions are more credible when those decisions focus solely on the law, rather than deciding which of our leaders are serious.
In any event, some excerpts from the long opinion:
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.
Plaintiffs filed this lawsuit alleging that Defendants violated the Administrative Procedure Act ("APA"), by issuing a declaration entitled "Safety, Effectiveness, and Professional Standards of Care for Sex-Rejecting Procedures on Children and Adolescents." Before the Court is Plaintiffs' Motion for Summary Judgment, and Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment, For the reasons below, Plaintiffs' motion is granted, and Defendants' motion is denied….
