Judge Blocks Trump Administration Subpoena for Transgender Patient Records at Boston Children’s Hospital
A federal judge has halted the Trump administration’s attempt to obtain medical records of transgender patients who received gender-affirming care at Boston Children’s Hospital, deeming the subpoena “improper” and driven by “bad faith.”
U.S. District Judge Myong Joun ruled Tuesday that the justice Department’s request for extensive patient data - including individual records – appeared unrelated to its stated purpose of investigating potential fraud or unlawful drug promotion. The judge found the subpoena was a thinly veiled attempt to interfere with Massachusetts’ protections for gender-affirming care (GAC), harass the hospital, and discourage patients from seeking treatment.
The Justice Department claimed the investigation was focused on healthcare fraud and off-label drug prescriptions. though, Judge Joun highlighted the administration’s documented disapproval of the transgender community and its efforts to restrict access to care, pointing to a 2017 executive order and a June announcement from the Civil Division prioritizing investigations into “radical gender experimentation.” Attorney General pam Bondi previously stated the Justice Department had issued over 20 subpoenas to providers of care for transgender youth.Boston Children’s Hospital argued the subpoena demanded nearly all documents related to GAC provided over the past five and a half years, including highly sensitive patient facts.
Judge Joun emphasized that Massachusetts’ state constitution protects the right to gender-affirming care, further questioning the legitimacy of the Justice Department’s investigation.
Gender-affirming care encompasses a range of medical and mental health services supporting a person’s gender identity, and is supported by most major medical groups as crucial for individuals experiencing gender dysphoria. Currently, a legal landscape exists where at least 27 states are restricting or banning this care for minors, while others are actively protecting access.
