Key facts
- A U.S. appeals court revived a Justice Department subpoena for data from QueerDoc, a provider of gender-affirming care.
- The court ruled that the Trump administration's policy goals can align with law enforcement priorities.
- The subpoena seeks personnel files, billing documents, communications, and patient records related to puberty blockers and hormone therapy.
- The case was sent back to a district court to consider arguments that the subpoena is overbroad and burdensome.
A U.S. federal appeals court has revived a Justice Department subpoena seeking data from QueerDoc, a provider of gender-affirming care for transgender youth. In a 2-1 decision, the 9th U.S. Circuit Court of Appeals ruled that President Donald Trump's policy goals can align with the Justice Department's enforcement priorities, and that the efficacy of gender-affirming treatments is an "unsettled scientific debate."
Judges Carlos Bea and Daniel Bress reversed a lower court's ruling that had quashed the subpoena, sending the case back to the district court to consider other arguments, including whether the subpoena is overbroad and burdensome. The Justice Department issued the subpoena as part of an effort to investigate healthcare fraud, seeking personnel files, billing documents, communications with drug manufacturers, and records of patients prescribed puberty blockers or hormone therapy.
Circuit Judge Richard Paez dissented, arguing that evidence suggested the Justice Department used the threat of criminal investigation to pressure providers. The American Civil Liberties Union, representing QueerDoc, stated it would continue to fight the subpoena in district court, asserting the fundamental principle of a patient's right to confidential medical care.