This week, two federal courts issued temporary restraining orders related to two of the Trump Administration’s Executive Orders impacting gender affirming care, Executive Order 14168 (“Defending Women…”) and Executive Order 14187 (“Protecting Children…”).

• PFLAG Inc. et al. v. Trump, et al.: On February 13, a Maryland federal district court judge granted a nationwide temporary restraining order (TRO) restricting the defendants—which include the U.S. Department of Health and Human Services (“HHS”) and its component Health Resources and Services Administration (“HRSA”)—“from conditioning or withhold federal funding based on the fact that a healthcare entity or health professional provides gender affirming medical care to a patient under the age of nineteen.”

Under the order, the Trump administration must provide the federal agencies impacted by the Executive Orders with written notice of the temporary restraining order and must instruct the agencies to release any disbursement of funds that were paused due to the Executive Orders.

The temporary restraining order issued by the Maryland court will be in effect for 14 days, through February 27, 2025, and can be extended by the court beyond that date. The order contemplates that the plaintiffs will move for a preliminary injunction, which, if granted, would extend the court’s action blocking HHS/HRSA from withholding federal funds until the case is fully resolved on its merits.

• State of Washington et. al. v. U.S. Department of Justice et al: On February 14, a federal district court judge in Washington state granted a more geographically limited temporary restraining order in a case challenging Executive Order 14187. The case was brought by three states (Washington, Minnesota, and Oregon) and three unnamed doctors, arguing that the Executive Order was unconstitutional, discriminatory, and interferes with necessary, often life-saving healthcare. The Defendants included HHS and other federal agencies responsible for carrying out the Executive Order.

Like the order granted in the PFLAG litigation in Maryland, the Washington court’s order requires the administration, via the DOJ, to provide written notice of the order to all Defendants and agencies and their employees, contractors, and grantees by February 20, 2025.

The temporary restraining order will be in effect for 14 days, through February 27, 2025. A preliminary injunction motion is expected to follow.

As we continue to monitor developments in this area, please keep our team posted on your health center’s experience.

For questions concerning executive orders impacting gender affirming care, please contact Partners Molly S. Evans, Rosie Dawn Griffin and Dianne K. Pledgie, or call 202.466.8960.