The Justice Department has suggested that New York Attorney General Letitia James recuse herself from a dispute involving NYU Langone Health. This dispute centers on the hospital’s decision to stop offering certain transgender treatments to minors. The Department argues that the law does not mandate these services.
In a letter from Deputy Attorney General Todd Blanche, obtained on Wednesday, he expressed disagreement with James’ stance that NYU Langone’s policies are discriminatory. Blanche warned that the Justice Department would support the hospital in any legal actions if James pursued them, which could spark a legal clash over state authority regarding medical discretion in gender-related care.
This communication follows James’ recent announcement of “further action” against NYU Langone for allegedly breaching state anti-discrimination laws, which prohibit discrimination based on sex, gender identity, and disability. However, Blanche indicated that these laws do not pertain to the hospital’s program for transgender treatments.
Blanche stated, “NYU Langone’s exercise of prudential discretion in not providing such services or procedures does not amount to discrimination on any of these grounds.”
Last month, NYU Langone decided to discontinue its transgender youth health program after facing threats of funding loss from federal authorities. Hospital spokesperson Steve Littea mentioned the challenging decision was made due to the departure of their medical director and the current regulatory landscape. Despite the program’s discontinuation, they remain committed to providing pediatric mental health care.
James has threatened legal action over this policy shift, giving NYU Langone a deadline of ten days to reinstate the program. She asserted that the hospital’s decision was voluntary and does not alter federal laws requiring medically necessary transgender healthcare.
The program previously included hormone therapies for minors, such as puberty blockers. Blanche clarified that the hospital is under no obligation to offer, as he described, “sex-denial procedures” to minors.
The Justice Department’s position aligns with a recent Supreme Court ruling in United States v. Scumetti, which upheld certain bans on transgender medical treatments for minors in Tennessee.
Blanche wrote that NYU Langone’s policy focuses on diagnosis rather than gender identity, thus allowing transgender minors to use puberty blockers and hormones for conditions outside of gender dysphoria. In his view, the Supreme Court’s ruling supports this interpretation.
FOX News Digital has reached out to James’ office for response regarding the Department’s warning.
