Federal Judge Angrily Orders Trump To Restore Health Agency Websites

Federal Judge Angrily Orders Trump To Restore Health Agency Websites

U.S. District Judge John Bates

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A federal judge has directed harsh criticism at the Trump administration for removing countless public health web pages and websites, ordering them restored by midnight, and suggesting their deletion may have risked violating federal law.

U.S. District Judge John Bates, a George W. Bush appointee, “ordered federal health agencies Tuesday to restore pages they removed from their websites last month to comply with President Donald Trump’s executive order on ‘gender ideology and extremism,’ saying the decision to pull them down could be detrimental to public health,” Politico reported. The order extends to the CDC, HHS, and the FDA.

“In his opinion,” Politico added, “Bates said the agencies’ decisions to take down certain webpages ‘likely’ constitute an ‘order’ that’s reviewable under federal administrative law.”

The Trump administration’s claims that the removal was necessary to review their contents and amounted to mere “maintenance” were not arguments the judge appeared willing to accept. Judge Bates instead denounced the “widespread disruption that defendants’ abrupt removal of these critical healthcare materials has caused.”

Bates blasted the Trump administration, writing, “it bears emphasizing who ultimately bears the harm of defendants’ actions: everyday Americans, and most acutely, underprivileged Americans, seeking healthcare. These individuals rely on the care of doctors… If those doctors 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.”

In his opinion granting Doctors for America a temporary stay, Bates offered several examples of “irreparable harm” the government’s actions have already caused.

Doctors for America “has shown its members are already suffering such harm. To start, [one doctor] serves the students of ‘one of the most underserved high schools in Chicago.'”

“In this work, she ‘regularly’ relies on CDC’s resources on sexually transmitted diseases (‘STDs’)… The harm she has suffered since CDC removed those pages is neither hypothetical nor far off. The high school ‘recently had an outbreak of Chlamydia,’ and now that she is ‘[w]ithout t[he] crucial CDC resources,’ she is ‘not able to do [her] job to help address this urgent situation.'”

Bates also cited a statement from a leading physicians’ group, and wrote that “the lost materials are more than ‘academic references—they are vital for real-time clinical decision-making in hospitals, clinics and emergency departments across the country.'”

“Without them, health care providers and researchers are left ‘without up-to-date recommendations on managing infectious diseases, public health threats, essential preventive care and chronic conditions.'”

Politico reports Doctors for America had sued “the Office of Personnel Management, the CDC, the FDA and HHS last week, claiming the missing information ‘deprives’ doctors and researchers of ready access to data that’s critical to treating patients and addressing public health emergencies.”

Reprinted with permission from Alternet.

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