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“Heron Greenesmith, adjunct law professor at Boston University and senior research analyst at the progressive think tank Political Research Associates, said that while the agency’s letter sends a powerful message that will likely fuel legal cases against anti-trans bills, it does not necessarily mean that the agency plans to mount its own lawsuit. 

To Greenesmith, the agency has, at minimum, provided fodder for civil rights groups pursuing lawsuits against anti-trans bills.

‘Either way, this is great news,” they said. “It provides physical buoying underneath the legal arguments that plaintiffs are right now making that denying this care harms them.’”

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