The Trump admin went so far Thursday night that even Judge Reed O'Connor put a case on hold
O'Connor has been very receptive to the Trump admin and its anti-trans efforts, but an FTC request to him is now on hold after "consultation" with Judge James Boasberg in D.C.
The Trump administration apparently found a way to go so far afield of appropriate litigation tactics that even U.S. District Judge Reed O’Connor has agreed to put a case before him on hold.
In a late-night filing on Thursday, Federal Trade Commission lawyers, joined by lawyers from Texas and Iowa, asked O’Connor to issue an extraordinary and manipulative order in the FTC’s lawsuit targeting the World Professional Association for Transgender Health, Inc. (WPATH) for what they claim are its “deceptive practices” regarding the provision of gender-affirming care for minors.
The Thursday night request sought an order from O’Connor — a far-right George W. Bush appointee in the Northern District of Texas — barring WPATH from “seeking relief in this matter from courts other than this Court, the United States Court of Appeals for the Fifth Circuit, and the United States Supreme Court.“
It was a blatant effort to make an end-run around another court and another case involving WPATH and the FTC, before U.S. District Judge James Boasberg in Washington, D.C.
By Friday afternoon, however, O’Connor announced that his consideration of the FTC’s request was on hold following “consultation” that O’Connor held with Boasberg.
What is going on?
O’Connor issued a similar order earlier this year to the one requested by the FTC on Thursday, in conjunction with the challenge to DOJ’s administrative subpoena issued against Rhode Island Hospital. There, the order was absurd, but it did at least follow a factual scenario — as bad as it was — where the initial litigation in the case about the Rhode Island hospital was in Texas.
This time, however, WPATH had filed its own lawsuit against the FTC in February. The case was filed in D.C. — where the FTC is headquartered — and the case was assigned Boasberg, an Obama appointee.
The FTC’s lawsuit, on the other hand, wasn’t filed in the Northern District of Texas until June 17 — more than a month after Boasberg had issued a preliminary injunction and associated opinion in the WPATH-brought case.
Because of that, on June 30, WPATH filed a motion (and memorandum of law) before Boasberg seeking to block the FTC “from litigating the claims asserted in FTC v. WPATH, 4:26-cv-748-O (N.D. Tex.), except as mandatory counterclaims brought before this Court.“ As part of that filing, in discussing other grand jury subpoenas issued relating to gender-affirming care, one of WPATH’s lawyers acknowledged that one of its members had received a grand jury subpoena out of the Northern District of Texas on June 16 — the day before the filing of the FTC’s lawsuit there but still well after the initial injunction in the case before Boasberg.
Following that June 30 filing, the parties conferred and submitted a proposed briefing schedule, which Boasberg approved on Thursday.
This is where the FTC lawyers went awry (beyond their whole anti-trans investigation being awry), asking O’Connor to, in effect, retroactively bar consideration of the request pending before Boasberg with his own jurisdiction-stripping temporary restraining order.
Here are the FTC lawyers who signed this motion and memorandum of law:
O’Connor quickly ordered a response by July 6 and set the matter for a hearing on July 7.
WPATH’s lawyers, led by Abbe Lowell, did not wait. Instead, they immediately went to Boasberg, informing him of what happened and seeking their own emergency TRO.
The WPATH lawyers then — still on Thursday — informed O’Connor of the filing in D.C.
All of that brought us to Friday’s developments. In a pair of orders from O’Connor and Boasberg, “in consultation,” it was made clear that the FTC’s legal shenanigans failed — at least for now.
O’Connor cancelled the July 7 hearing on the FTC’s TRO request and will not be considering it further until after the parties “file a status report … following a ruling by Chief Judge Boasberg.“
Boasberg then denied WPATH’s emergency TRO request as moot given O’Connor’s agreement.
The hearing on WPATH’s original June 30 TRO request — seeking an order barring the FTC case will remain as scheduled for Thursday, July 9.
Now, it’s important not to read too much into this. It’s entirely possible that the “consultation” here included Boasberg telling O’Connor he had a TRO ready to sign to deal with the FTC’s shenanigans and O’Connor’s agreement, essentially, just prevented that. But, O’Connor did go a step further by agreeing to let Boasberg rule on WPATH’s request pending in D.C. — that could have the effect of preventing the FTC’s case to proceed before him at all — before he moves forward with the FTC’s case.










Things you will never see in Civ. Pro. class.
Well, of course! Once we penalize trans people for the wrong gender, we can move up to Islam being the wrong religion; African Americans, the wrong color.