Federal appeals court allows Florida to resume lawsuit against pediatricians group

A full federal appeals court cleared Florida to resume a lawsuit accusing the American Academy of Pediatrics of misleading the public about the safety of gender-transition treatments for minors. The Court of Appeals for the 7th Circuit ruled Wednesday that it would rehear Florida Attorney General James Uthmeier’s appeal with the court’s active judges sitting en banc.

The court also stayed a preliminary injunction entered by a judge of the Northern District of Illinois. The district judge had ruled June 2 and formally entered the injunction June 8, finding the Florida lawsuit was likely brought in bad faith to retaliate against the group’s advocacy.

Background of the case Uthmeier sued the American Academy of Pediatrics, the World Professional Association for Transgender Health and the Endocrine Society in Florida’s 19th Judicial Circuit Court in December. The suit alleges the groups violated the state’s Deceptive and Unfair Trade Practices Act and its racketeering statute by promoting gender-transition procedures for minors as safe and reversible without adequate scientific support.

He later added a Florida antitrust claim. The groups moved to block the state action in Illinois federal court, arguing it was First Amendment retaliation. A divided three-judge panel denied Uthmeier’s request to stay the injunction on June 22.

Court’s decision and next steps The full court’s Wednesday order vacated the panel opinion and agreed to take up the case under a rarely invoked appellate rule permitting initial hearing en banc. Five judges dissented from staying the injunction. ” The ruling does not resolve the underlying dispute.