Protecting Minors from Medical Malpractice Act of 2025
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Sen. Cotton, Tom [R-AR]
ID: C001095
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Bill Summary
Another masterpiece of legislative theater, courtesy of the intellectually-challenged geniuses in Congress. Let's dissect this monstrosity, shall we?
**Main Purpose & Objectives:** The "Protecting Minors from Medical Malpractice Act of 2025" is a laughable attempt to restrict access to gender-transition procedures for minors. The real purpose? To pander to the conservative base and score cheap points with the "values voters." It's a cynical exercise in grandstanding, masquerading as concern for children's welfare.
**Key Provisions & Changes to Existing Law:** This bill creates a private right of action against medical practitioners who perform gender-transition procedures on minors. It also prohibits federal funding for states that require such procedures. The definitions section is a masterclass in Orwellian doublespeak, redefining "biological sex" and "gender-transition procedure" to suit the sponsors' ideological agenda.
**Affected Parties & Stakeholders:** The bill targets:
1. Transgender minors and their families, who will face increased barriers to accessing necessary medical care. 2. Medical practitioners, who will be subjected to frivolous lawsuits and intimidation tactics. 3. States that have enacted laws protecting LGBTQ+ individuals, which will now be ineligible for federal funding.
**Potential Impact & Implications:** This bill is a toxic cocktail of ignorance, prejudice, and political opportunism. If passed, it will:
1. Harm transgender minors by denying them access to life-saving medical care. 2. Chill free speech and stifle medical innovation, as practitioners become increasingly fearful of lawsuits. 3. Embolden extremist groups and hate-mongers, who will see this bill as a victory for their bigoted agenda.
In conclusion, S 209 is a legislative abomination that should be euthanized immediately. It's a symptom of a deeper disease – the Republican Party's addiction to pandering to its most extreme elements, even if it means harming vulnerable populations and undermining medical science.
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Sen. Cotton, Tom [R-AR]
Congress 119 • 2024 Election Cycle
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Project 2025 Policy Matches
This bill shows semantic similarity to the following sections of the Project 2025 policy document. Higher similarity scores indicate stronger thematic connections.
Introduction
— 474 — Mandate for Leadership: The Conservative Promise no abortions, preempts no pro-life state laws, and explicitly requires stabilization of the unborn child. HHS should rescind the guidance and end CMS and state agency investigations into cases of alleged refusals to perform abortions. DOJ should agree to eliminate existing injunctions against pro-life states, withdraw its enforcement lawsuits, and in lawsuits against CMS on the guidance agree to injunctions against CMS and withdraw appeals of injunctions. l Reissue a stronger transgender national coverage determination. CMS should repromulgate its 2016 decision that CMS could not issue a National Coverage Determination (NCD) regarding “gender reassignment surgery” for Medicare beneficiaries. In doing so, CMS should acknowledge the growing body of evidence that such interventions are dangerous and acknowledge that there is insufficient scientific evidence to support such coverage in state plans. l Enforce EMTALA. The undeniable reality of abortion is that it does do not always result in a dead baby, and these born-alive babies are left to die. HHS should use EMTALA and Section 504 of the Rehabilitation Act,53 which prohibits disability discrimination, to investigate instances of infants born alive and left untreated in covered hospitals. CMS, OCR, and OIG should be required to follow through on these investigations with specific enforcement actions. HHS should revive a Trump Administration proposed regulation, “Special Responsibilities of Medicare Hospitals in Emergency Cases and Discrimination on the Basis of Disability in Critical Health and Human Service Programs or Activities,”54 to achieve this end. In addition, Congress should pass the Born-Alive Abortion Survivors Protection Act55 to require that proper medical care be given to infants who survive an abortion and to establish criminal consequences for practitioners who fail to provide such care. l Permanently codify both the Hyde family of amendments and the protections provided by the Weldon Amendment. Congress can accomplish this through legislation such as the No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act56 (Hyde) and the Conscience Protection Act57 (Weldon). — 475 — Department of Health and Human Services Radical Redefinition of Sex. On August 4, 2022, HHS published a proposed rule entitled “Nondiscrimination in Health Programs and Activities.”58 This rule addresses nondiscrimination provisions of the Affordable Care Act, known as Section 1557, which is enforced by the Office for Civil Rights and the Centers for Medicare and Medicaid Services. Section 1557 prohibits discrimination on the basis of race, color, national origin, age, disability, and sex in covered health programs or activities. Under the proposed rule, sex is redefined: “Discrimination on the basis of sex includes, but is not limited to, discrimination on the basis of sex stereotypes; sex characteristics, including intersex traits; pregnancy or related conditions; sexual orientation; and gender identity.”59 In other words, the department proposes to interpret Section 1557 as if it created special privileges for new classes of people, defined in ways that are highly ideological and unscientific. The redefinition of sex to cover gender identity and sexual orientation and pregnancy to cover abortion should be reversed in all HHS and CMS programs as was done under the Trump Administration. This includes the Children’s Health Insurance Program (CHIP). Low-income families who rely on CHIP should not be coerced, pressured, or otherwise encouraged to embrace this ideologically moti- vated sexualization of their children. However, while the Biden Administration’s Section 1557 regulation should be altered and corrected, the lactation room requirements added in the regulation should either be consistently included in any upcoming Section 1557 rulemaking or be proposed in a new individual rule. COVID-19 Vaccination and Mask Requirements. Health care workers were praised for their self-sacrifice in caring for sick patients at the beginning of the COVID-19 pandemic, but then they were fired if they objected to receiving COVID- 19 vaccines with or without complying with onerous masking requirements and regardless of whether they already had the virus and had gained natural immunity. With the disease being endemic and constantly mutating, vaccines and univer- sal masking in health care facilities do not have appreciable benefits in reducing COVID-19 transmission throughout the community. Moreover, more recent COVID strains pose fewer health risks than the earlier strains, and the pandemic has been declared to be at an end. CMS should: l Announce nonenforcement of the Biden Administration’s COVID-19 vaccination mandate on Medicaid and Medicare hospitals. l Revoke corresponding guidance and regulations. l Refrain from imposing general COVID-19 mask mandates on health care facilities or personnel.
Introduction
— 5 — Foreword (“DEI”), gender, gender equality, gender equity, gender awareness, gender-sensi- tive, abortion, reproductive health, reproductive rights, and any other term used to deprive Americans of their First Amendment rights out of every federal rule, agency regulation, contract, grant, regulation, and piece of legislation that exists. Pornography, manifested today in the omnipresent propagation of transgender ideology and sexualization of children, for instance, is not a political Gordian knot inextricably binding up disparate claims about free speech, property rights, sexual liberation, and child welfare. It has no claim to First Amendment protection. Its purveyors are child predators and misogynistic exploiters of women. Their product is as addictive as any illicit drug and as psychologically destructive as any crime. Pornography should be outlawed. The people who produce and distribute it should be imprisoned. Educators and public librarians who purvey it should be classed as registered sex offenders. And telecommunications and technology firms that facilitate its spread should be shuttered. In our schools, the question of parental authority over their children’s education is a simple one: Schools serve parents, not the other way around. That is, of course, the best argument for universal school choice—a goal all conservatives and con- servative Presidents must pursue. But even before we achieve that long-term goal, parents’ rights as their children’s primary educators should be non-negotiable in American schools. States, cities and counties, school boards, union bosses, princi- pals, and teachers who disagree should be immediately cut off from federal funds. The noxious tenets of “critical race theory” and “gender ideology” should be excised from curricula in every public school in the country. These theories poison our children, who are being taught on the one hand to affirm that the color of their skin fundamentally determines their identity and even their moral status while on the other they are taught to deny the very creatureliness that inheres in being human and consists in accepting the givenness of our nature as men or women. Allowing parents or physicians to “reassign” the sex of a minor is child abuse and must end. For public institutions to use taxpayer dollars to declare the superiority or inferiority of certain races, sexes, and religions is a violation of the Constitu- tion and civil rights law and cannot be tolerated by any government anywhere in the country. But the pro-family promises expressed in this book, and central to the next conservative President’s agenda, must go much further than the traditional, narrow definition of “family issues.” Every threat to family stability must be confronted. This resolve should color each of our policies. Consider our approach to Big Tech. The worst of these companies prey on children, like drug dealers, to get them addicted to their mobile apps. Many Silicon Valley executives famously don’t let their own kids have smart phones.2 They nevertheless make billions of dollars addicting other people’s children to theirs. TikTok, Instagram, Facebook, Twitter, and other social media platforms are specifically designed to create the digital — 6 — Mandate for Leadership: The Conservative Promise dependencies that fuel mental illness and anxiety, to fray children’s bonds with their parents and siblings. Federal policy cannot allow this industrial-scale child abuse to continue. Finally, conservatives should gratefully celebrate the greatest pro-family win in a generation: overturning Roe v. Wade, a decision that for five decades made a mockery of our Constitution and facilitated the deaths of tens of millions of unborn children. But the Dobbs decision is just the beginning. Conservatives in the states and in Washington, including in the next conservative Administration, should push as hard as possible to protect the unborn in every jurisdiction in America. In particular, the next conservative President should work with Congress to enact the most robust protections for the unborn that Congress will support while deploying existing federal powers to protect innocent life and vigorously complying with statutory bans on the federal funding of abortion. Conservatives should ardently pursue these pro-life and pro-family policies while recognizing the many women who find themselves in immensely difficult and often tragic situations and the hero- ism of every choice to become a mother. Alternative options to abortion, especially adoption, should receive federal and state support. In summary, the next President has a moral responsibility to lead the nation in restoring a culture of life in America again. PROMISE #2: DISMANTLE THE ADMINISTRATIVE STATE AND RETURN SELF-GOVERNANCE TO THE AMERICAN PEOPLE. Of course, the surest way to put the federal government back to work for the American people is to reduce its size and scope back to something resembling the original constitutional intent. Conservatives desire a smaller government not for its own sake, but for the sake of human flourishing. But the Washington Establishment doesn’t want a constitutionally limited government because it means they lose power and are held more accountable by the people who put them in power. Like restoring popular sovereignty, the task of reattaching the federal gov- ernment’s constitutional and democratic tethers calls to mind Ronald Reagan’s observation that “there are no easy answers, but there are simple answers.” In the case of making the federal government smaller, more effective, and accountable, the simple answer is the Constitution itself. The surest proof of this is how strenuously and creatively generations of progressives and many Repub- lican insiders have worked to cut themselves free from the strictures of the 1789 Constitution and subsequent amendments. Consider the federal budget. Under current law, Congress is required to pass a budget—and 12 issue-specific spending bills comporting with it—every single year. The last time Congress did so was in 1996. Congress no longer meaningfully budgets, authorizes, or categorizes spending.
Introduction
— 344 — Mandate for Leadership: The Conservative Promise pronouns). The federal government could demand that schools include curriculum or lessons regarding critical race or gender theory in a way that violates parental rights, especially if it requires minors to disclose information about their religious beliefs, or beliefs about race or gender in violation of the Protection of Pupil Rights Amendment (20 USC Sec. 1232h). To remedy the lack of clear and robust protection for parental rights, the next Administration should: l Work to pass a federal Parents’ Bill of Rights that restores parental rights to a “top-tier” right. Such legislation would give families a fair hearing in court when the federal government enforces any policy against parents in a way that undermines their right and responsibility to raise, educate, and care for their children. The law would require the government to satisfy “strict scrutiny”—the highest standard of judicial review—when the government infringes parental rights. l Further ensure that any regulations that could impact parental rights contain similar protections and require federal agencies to demonstrate that their action meets strict scrutiny before a final rule is promulgated. At the same time, Congress should also consider equipping parents with a private right of action. Two federal laws provide certain privacy protections for students attending educational institutions or programs funded by the department. The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records and allows parents and students over the age of 18 to inspect and review the student’s education records maintained by the school and to request corrections to those records. FERPA also authorizes a number of excep- tions to this records privacy protection that allow schools to disclose the student’s education records without the consent or knowledge of the parent or student. The Protection of Pupil Rights Amendment (PPRA) requires schools to obtain paren- tal consent before asking questions, including surveys, about political affiliations or beliefs; mental or psychological issues; sexual behaviors or attitudes; critical appraisals of family members; illegal or self-incriminating behavior; religious prac- tices or beliefs; privileged relationships, as with doctors and clergy; and family income, unless for program eligibility. The difficulty for parents is that FERPA and PPRA do not authorize a private right of action. If a school refuses to comply with either statute, the only remedy is for the parent or student (if over the age of 18) to file an administrative complaint with the U.S. Department of Education, which must then work with the school to obtain compliance before taking any action to suspend or terminate federal
Showing 3 of 5 policy matches
About These Correlations
Policy matches are calculated using semantic similarity between bill summaries and Project 2025 policy text. A score of 60% or higher indicates meaningful thematic overlap. This does not imply direct causation or intent, but highlights areas where legislation aligns with Project 2025 policy objectives.