Federal Judge Rejects DOJ Subpoena for Gender-Affirming Care Records, Cites Misconduct

A federal judge in Rhode Island has sharply rebuked the Department of Justice (DOJ) for a subpoena targeting a children’s hospital, calling its actions “untrustworthy” and “misrepresentative” under oath.

In a Wednesday ruling, Judge Mary McElroy of the United States District Court for the District of Rhode Island declared that Rhode Island Hospital was not obligated to comply with the government’s demand for medical records of minors treated for gender dysphoria. The records sought included documents related to treatments such as puberty blockers.

Previously, a judge in Texas had granted the subpoena at the DOJ’s request.

Judge McElroy’s Scathing Rebuke of DOJ Conduct

In her decision, Judge McElroy condemned the DOJ’s conduct, stating:

“DOJ has proven unworthy of this trust at every point in this case. It has misrepresented and withheld information to both this Court and the United States District Court for the Northern District of Texas.”

The judge further accused the DOJ of forum shopping—strategically selecting a favorable court to secure a desired outcome. She argued:

“It did so in an obvious effort to shield its recent investigative tactics—previously rejected by every other court to review them—from this Court’s review, in favor of a distant forum that DOJ deems friendly to its political positions.”

Broader Context: DOJ’s Crackdown on Gender-Affirming Care

The DOJ, under the Trump administration, has intensified efforts to challenge gender-affirming care nationwide. The agency has issued subpoenas to multiple medical providers, seeking similar records, though with varying degrees of success.

In this case, a Texas judge intervened to block the subpoena, but the DOJ’s legal strategy raises concerns about future attempts to access sensitive medical information.

The ruling underscores the escalating legal and political battles over transgender healthcare rights, with courts increasingly scrutinizing the DOJ’s tactics.