Appeals Court Revives DOJ Subpoena for Trans Records
Appeals Court Revives DOJ Subpoena for Trans Records
The News
The ruling
A divided federal appeals court ruled Friday that President Trump's goal of ending gender-affirming care is not improper and cannot be the basis for quashing a Justice Department subpoena against a provider of transgender medical treatment for minors, the Associated Press reported.
The 9th Circuit revived a DOJ subpoena for records from QueerDoc, a telehealth provider, as part of the administration's investigation into gender-affirming care for minors, according to the Washington Examiner. A lower court judge had quashed it.
The San Francisco Chronicle reported the court sided with the administration in the fight over transgender youth medical records while still allowing the provider to protect patients' privacy.
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The wider subpoena push
The Justice Department announced last year that it had issued more than 20 subpoenas to doctors and clinics providing gender-affirming care, framing the effort as a health care fraud investigation, the Los Angeles Times reported.
Not every one has held. USA Today reported the DOJ has abandoned its effort to force UPMC, the Pittsburgh hospital system, to hand over medical records of youth who were receiving gender-affirming care.
Why it matters
The panel's reasoning is the part with reach beyond this case: challengers argued the subpoena should fall because the administration's stated policy goal was hostile to the care itself. The court said that motive is not, on its own, improper — a standard that makes the remaining subpoenas harder to fight on the same grounds.
The ruling was divided, and the opinion's full scope was not detailed in Friday's coverage.
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