The order directs agencies to restore all websites that had been removed by the end of the day Feb. 11, pending litigation on a lawsuit.
Four notes:
- On Feb. 11, U.S. District Judge John Bates granted a temporary restraining order directing the agencies to restore earlier versions of websites that were scrubbed. Doctors Group of America had requested the temporary restraining order as part of a Feb. 4 lawsuit against federal health agencies, alleging the removal of health-related webpages inhibits physicians’ access to resources that guide clinical care and violated federal law.
“The Court agrees that [Doctors Group of America] has demonstrated a likelihood of success on the merits as to this claim,” Mr. Bates wrote in an opinion. “By removing long relied upon medical resources without explanation, it is likely that each agency failed to ‘examine the relevant data and articulate a satisfactory explanation for its action.'”
- On Jan. 31, the CDC and FDA removed dozens of webpages and data sets, including those related to disease monitoring and guidance on treating sexually transmitted infections. Pages on gender-based violence, reproductive care, abortion access and the Youth Risk Behavior Surveillance System were among those affected. Terms that were flagged for removal included “diversity” and “pregnant people,” CDC officials told ABC News at the time.
- On his first day in office, President Trump signed an executive order to terminate programs that promote “gender ideology,” and directed federal agencies to remove documents, communications and messaging, “that promote or otherwise excuse inculcate gender ideology.” The Office of Personnel Management then published a memorandum requesting agencies take down communications that promote gender ideology. In its lawsuit, Doctors for America argued the CDC and FDA’s removal of webpages and data sets went beyond what was required under the president’s executive order.
- Mr. Bates’ order comes one day after a federal judge in Boston issued a temporary restraining order to block the National Institutes of Health from enforcing a newly proposed policy to significantly cut reimbursements for research related costs. The NIH on Feb. 7 said it would cap the amount of funding research institutions can receive for indirect costs at 15%, drawing criticism from those in the medical research community at large, who said such a cap would limit medical research activity nationwide.