Posted on 02/12/2025 4:43:41 AM PST by MtnClimber
A federal judge on Tuesday ordered the Department of Health and Human Services (HHS), Centers for Disease Control and Prevention (CDC) and Food and Drug Administration (FDA) to restore pro-gender ideology webpages after they were deleted in the wake of President Trump’s executive order banning government agencies from promoting gender ideology, CBS News reported Tuesday.
Trump’s EO, signed on his first day in office, stated that the U.S. recognizes two sexes, male and female, and directed agencies to “remove all statements, policies, regulations, forms, communications, or other internal and external messages that promote or otherwise inculcate gender ideology,” as well as “cease issuing such statements, policies, regulations, forms, communications or other messages.”
Days after the president issued his order, the Office of Personnel Management issued a memorandum ordering all agencies by 5 p.m. on Jan. 31 to take down all websites, social media accounts and other public-facing media “that inculcate or promote gender ideology.” In response to the memo, the CDC and FDA took offline numerous webpages and data sets, including recommendations on how physicians should treat sexually transmitted infections and adult immunization guidance.
While the wording on some websites was adjusted to adhere to Mr. Trump’s directive, allowing them to stay online, other information, like data from the CDC’s Youth Risk Behavior Surveillance System, was removed completely.
The agency said in a banner on its main website that it was “being modified to comply with President Trump’s executive orders.”
U.S. District Judge John Bates, a George W. Bush appointee, granted a temporary restraining order sought by the left-wing nonprofit Doctors for America (originally Doctors For Obama). The activist group was founded in 2008 by Dr. Vivek Murthy, who went on to become Joe Biden’s surgeon general. Doctors For America argued that its members had used the websites for treating patients and conducting research and that the removal of the webpages violated federal law.
Bates, 78, found that the group was likely to succeed in its claim that HHS, the CDC and FDA acted unlawfully when they scrubbed transgender ideology from their public websites.
“It bears emphasizing who ultimately bears the harm of defendants’ actions: everyday Americans, and most acutely, underprivileged Americans, seeking healthcare,” he wrote. Citing declarations from two doctors filed in the case, Bates said if they “cannot provide these individuals the care they need (and deserve) within the scheduled and often limited time frame, there is a chance that some individuals will not receive treatment, including for severe, life-threatening conditions. The public thus has a strong interest in avoiding these serious injuries to the public health.”
Judge John Bates was the judge in the tragic case of Matthew Perna, the j6er who hung himself after Biden DOJ prosecutors sadistically threw the book at him for peacefully trespassing.
The judge said that after the gender ideology info was taken down, doctors were forced to look elsewhere for such material, making “their jobs harder and their treatment less effective,” but that HHS, CDC and FDA faced no burden by keeping the webpages up.
“There is nothing in either the OPM memorandum or the record, and indeed defendants proffered no information at the hearing, to suggest the restoration of the removed webpages would pose a burden on the agencies’ ability to engage in their work,” Bates wrote. “Similarly, there is no information to suggest that restoring public access would even interfere with the agencies’ ongoing efforts to conform those resources with the president’s executive orders.”
The judge ordered the agencies to restore earlier versions of their websites by 11:59 p.m. Tuesday.
Senator Mike Lee registered his disapproval of the judge’s decision on X: “These judges are waging an unprecedented assault on legitimate presidential authority, all the way down to dictating what webpages the government has,” Lee wrote. “This is absurd.”
Reacting with equal dismay, DOGE Chief Elon Musk called for Judge Bates to be fired.
“Truly absurd. Judges as website editors!?” he posted on X. “We should at least ATTEMPT to fire this junky jurist.” He added: “The notion of having a judge job for life, no matter how bad the judgments, is ridiculous! Enough is enough.”
Was the mask -recommendation- subject to the PRA and APAcwhen it was removed? Unknown.
You’re not arguing the PRA and APA - both Federal laws.
If your arguments are making the case that the data in contention is not subject to PRA and APA, it seems lacking.
These are legal issues.
There is nothing we can do about it, but Clarence Thomas opined that local judges should not have the power to issue opinions that affect the entire nation.
There are hundreds if not thousands of these low level, power crazy libtards, and they can screw up and time waste years of people time by bullshit rulings.
SCOTUS can issue a ruling that says a local judge can only issue a ruling that effects his little fiefdom and not the entire country.
5 U.S. Code § 553 - Rule making
(a)This section applies, according to the provisions thereof, except to the extent that there is involved—
(1)a military or foreign affairs function of the United States; or
(2)a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
(b)General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1)a statement of the time, place, and nature of public rule making proceedings;
(2)reference to the legal authority under which the rule is proposed;
(3)either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4)the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 (44 U.S.C. 3501 note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A)to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B)when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
(c)After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments with or without opportunity for oral presentation. After consideration of the relevant matter presented, the agency shall incorporate in the rules adopted a concise general statement of their basis and purpose. When rules are required by statute to be made on the record after opportunity for an agency hearing, sections 556 and 557 of this title apply instead of this subsection.
(d)The required publication or service of a substantive rule shall be made not less than 30 days before its effective date, except—
(1)a substantive rule which grants or recognizes an exemption or relieves a restriction;
(2)interpretative rules and statements of policy; or
(3)as otherwise provided by the agency for good cause found and published with the rule.
(e)Each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule.
https://www.law.cornell.edu/uscode/text/5/553
Have the materials that were taken down been put back up?
I’ve read all the posts on this thread.
I never saw an answer to my question.
My question to everyone is—has this particular court order been obeyed?
If not, what happens next?
Just say NO. The so called judges who make decisions such as this need to be impeached!
“APA”
The APA applies to rule making as I understand it.
Rules might be internal (use red ink and capital letters to mark documents classified) or external (Code of Federal Regulations).
“Rule...a principle or regulation governing conduct or procedure, etc....”
my dictionary
As I understand things, Trump was merely giving an order (tear down these posters) versus a rule (tear down all posters not printed by union printers until further notice).
NO! Now enforce your unconstitutional order.
I envision a series of APA-conformant hearings. It might take months before the websites get modified.
Any suggestions to modify my post 19 wordings?
“5 U.S. Code § 553 - Rule making
(a)This section applies, according to the provisions thereof, except to the extent that there is involved—
...a matter relating to agency management or personnel or to public property”
Hopefully, I got the right law.
Sorry, President Trump himself just officially pressed the delete button on the government porn propaganda.
Too bad for the perverts that he has immunity for official actions.
Any “trans” “doctors” that cannot do their “trans” jobs without those federal government web pages, are simply not doing their joobs. So, why do they want those web pages? They want the public imprimatur that their work has federal approval.
Any “trans” “doctors” that cannot do their “trans” jobs without those federal government web pages, are simply not doing their joobs. So, why do they want those web pages? They want the public imprimatur that their work has federal approval.
Forced speech and forced government endorsement.
BATES WIFE IS GETTING USAID GRANT-—FOR ETHIOPIAN “WORK”.
WORKS UNDER MAIDEN NAME ????? NOT UNDER MARRIED NAME-—ANOTHER SCAM
IIRC-—HIS DAUGHTER WORKS FOR DEPT OF EDUCATION.
HARDLY AN ARM’S LENGTH TRANSACTION.
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