Organization caught in James Uthmeier’s crossfire goes on the offensive and sues him

The American Academy of Pediatrics (AAP) is striking back and suing Attorney General James Uthmeier, accusing him of violating the First Amendment and abusing the power in his state office.

AAP, an Illinois-based nonprofit representing 67,000 pediatricians, is going on the offensive after Uthmeier filed a 75-page lawsuit against the AAP and two other organizations in December in St. Lucie Circuit Court to block procedures for transgender minors.

AAP filed its lawsuit in Illinois federal court. No court dates have been set yet in the docket. 

Since Uthmeier’s lawsuit was filed two months ago, AAP said it has not been served yet and called Uthmeier’s radio silence on the St. Lucie Court complaint proof that his lawsuit was “performative” and “politically motivated.” AAP also said Uthmeier was promoting falsehoods in his lawsuit against AAP.

“Florida Attorney General Uthmeier … has taken a strong stance against transgender people and gender affirming care, grounded in his personal moral judgments. He is, of course, entitled to his views and free to express them. He is also entitled to use the powers of his office to enforce the laws of Florida within constitutional bounds,” the federal lawsuit said.

“What he cannot do — and what he nevertheless has done, in the Retaliatory Action and in other cases — is use the powers of his office to punish and suppress speech that supports transgender people and gender affirming care.”

Uthmeier explained the reason for his suit in a video statement on X in December.

“We believe these organizations failed to disclose the risks, limits, and evidence when promoting so-called gender-affirming care for children,” Uthmeier said. “Parents were not told the full story. In fact, some parents were told that if they didn’t put their kids through permanent life-altering sick procedures like double mastectomies and castration that their child would commit suicide.”

But AAP shot back.

“Unable to prevail in the marketplace of ideas, the AG is abusing the powers of his office to impose state-sanctioned medical orthodoxy,” the lawsuit said.

When reached for comment on the federal lawsuit Wednesday afternoon, Attorney General spokesperson Jeremy Redfern said, “This lawsuit is an unserious attempt to distract from AAP’s fraudulent activities in support of mutilating children.”

AAP argued the timing of the Uthmeier’s lawsuit was meant to be a political distraction as news on the Hope Florida scandal was breaking days earlier. Before he was AG, Uthmeier led a political committee that received millions from a Medicaid settlement that was supposed to go to state coffers. Uthmeier’s committee aimed to fight against a 2024 amendment seeking to legalize recreational pot.

Uthmeier’s lawsuit was also filed as the Miami mayoral race unfolded last year.

“While this lawsuit is, on one level, simply another effort by the AG to suppress disfavored expression through improper use of state enforcement power against First Amendment protected speech, the timing and procedural context of the lawsuit further suggest it was filed to affect the outcomes of Florida state elections and to distract from a scandal surrounding the AG,” the AAP lawsuit said.

AAP said other state leaders — including Gov. Ron DeSantis and Surgeon General Joseph Ladapo — were critical of gender-affirming care or attacked AAP directly.

“The Action arises amid a broader campaign by the State of Florida to suppress speech regarding gender affirming care. In recent years, Florida has enacted laws restricting or prohibiting gender affirming care, limited discussion of gender identity in educational settings, and curtailed the expressive rights of LGBTQ+ individuals,” the lawsuit said.

AAP said Florida has a history of retaliating against organizations, citing another political fight: DeSantis vs. Disney, when the entertainment company spoke out against a state law regarding LGBTQ instruction in schools. Lawmakers responded by taking over Disney World’s governing board. 

Uthmeier did not immediately respond for comment for this story, nor did AAP’s lawyers or the organization.