Judge forces FDA to restore deleted clinical trial diversity pages

On July 4, 2025, U.S. District Judge John Bates ruled that several federal agencies,  including the FDA, HHS, and Office of Personnel Management (OPM), acted illegally when they removed webpages promoting diversity in clinical trials from government websites.

What happened 

These removals occurred in response to an executive order issued by President Donald Trump in January 2025 titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”

The group Doctors for America challenged the removals, filing a lawsuit in February 2025. They argued that taking down these resources caused harm to health care providers, policymakers, and communities who relied on the data for equitable clinical research and public health planning.

Judge Bates ruled in favor of Doctors for America, stating that the agencies violated the Administrative Procedure Act (APA) by acting without proper legal authority or following established procedures. The ruling orders the agencies to restore the webpages to how they appeared before 12 a.m. on January 29, 2025 and vacates the executive guidance documents from OPM and HHS.

In the know: What is the Administrative Procedure Act (APA)?

The APA is a U.S. law that governs how federal agencies create and implement regulations. It requires transparency, public notice, and reasoned decision-making. When the FDA and HHS suddenly removed the diversity content without public input or clear justification, they bypassed these rules. Judge Bates said the agencies acted with “sweeping and poorly thought-through directives,” which violated the APA.

Government agencies must follow proper procedures, even when acting on presidential orders. They can't arbitrarily remove resources just because a new administration has different political or ideological priorities.

What was said

According to Zach Shelley, a Public Citizen Litigation Group attorne and lead counsel in the case, in the Doctors for America press release, “The court found that the government violated the law when it took down important health information that physicians and other public health professionals rely on to keep all of us healthy. The decision serves as a reminder that the government must follow the law, just like the rest of us.”

The final decision

• Granted Doctors for America's motion for summary judgment (in part).
• Vacated the OPM and HHS memos that instructed the removal of content.
• Ordered that the FDA and HHS reinstate the removed pages to their exact versions before January 29, 2025.
• Emphasized that the government has free speech, but it must stay within legal bounds when implementing policy.

Related: HIPAA Compliant Email: The Definitive Guide (2025 Update)

FAQs

What is an Executive Order (EO)?

An Executive Order (EO) is a directive issued by the President of the United States that manages operations of the federal government. While EOs have the force of law within the executive branch, they must still comply with existing laws, including the APA.

What is clinical trial diversity?

Clinical trial diversity refers to ensuring that participants in medical research represent a broad range of populations, including different races, ethnicities, ages, genders, sexual orientations, and underrepresented communities.

Why were the FDA and HHS webpages taken down?

The webpages were removed after the Office of Personnel Management (OPM) directed agencies to eliminate content seen as promoting "gender ideology," based on the Trump administration’s January 2025 executive order.