A federal judge has blocked the Trump administration's demand for confidential transgender patient records from Rhode Island's largest hospital, which provides gender-affirming care to minors. US District Judge Mary McElroy's ruling on Wednesday is the latest setback for the Department of Justice (DoJ), with at least seven other federal courts having quashed or limited similar subpoenas sent to over 20 doctors and hospitals last summer.
McElroy criticised the DoJ's conduct, stating it had 'proven unworthy of this trust at every point in this case.' The subpoenas demanded birthdates, social security numbers, and addresses of patients who received gender-affirming care over the past five years, as well as documents on adverse side effects, assessments for puberty blockers or hormone therapy, and patient intake forms.
The DoJ argued the information was needed to investigate potential fraud or unlawful off-label promotion of drugs, particularly puberty blockers. Assistant US Attorney Brantley Mayers said the investigation focused on whether pharmaceutical companies provided 'financial incentives' to Rhode Island doctors to prescribe these drugs. However, McElroy noted the administration had publicly characterised gender-affirming care for minors as abuse and celebrated when hospitals curtailed such programmes due to the subpoena campaign.
The ruling follows a class-action lawsuit filed by 11 families in Maryland's federal court seeking to block the DoJ from obtaining the documents. Separately, NYU Langone hospital in New York disclosed it received a grand jury subpoena from federal prosecutors in Texas seeking similar records. Kevin Love Hubbard, an attorney for the plaintiffs, stated: 'The government cannot use its subpoena power to intimidate families out of seeking lawful medical care.'
