Judge nixes Justice Department subpoena of telehealth trans health care provider

A federal judge has quashed the Department of Justice’s subpoena for the records of QueerDoc, a telehealth service that prescribes medications and offers consulting for gender-affirming care in 10 states.

The DOJ subpoenaed QueerDoc June 11, requesting personnel information, documents identifying patients, patients’ medical records, billing records, insurance claims, communications with drugmakers, and more. It was among more than 20 such subpoenas issued.

The same day, the DOJ’s Civil Division issued a memo saying it would “prioritize investigations of doctors, hospitals, pharmaceutical companies, and other appropriate entities” for “possible violations of the Food, Drug, and Cosmetic Act and other laws” regarding medications used in gender-affirming care and False Claims Act violations by health care providers who “evade state bans on gender dysphoria treatments by knowingly submitting claims to Medicaid with false diagnosis codes.”

Related: Trump looks to stop gender-affirming care for America's transgender youth: report

These investigations derived from Donald Trump’s executive order recognizing only male and female sexes as assigned at birth and another denouncing gender-affirming care for minors as “a stain on our Nation’s history” that “must end” and threatening federal funding that provide such care. He also directed the DOJ to investigate providers. In April, Attorney General Pam Bondi released a memo saying the DOJ would “act decisively to protect our children and hold accountable those who mutilate them under the guise of care.” She used the same language about mutilation in a later press release. That a day after QueerDoc filed motions with a U.S. District Court in Washington State to quash the subpoena and seal the court proceedings, according to the court.

“DOJ issued its inflammatory press release declaring that medical professionals have ‘mutilated children in the service of a warped ideology,’ one day after QueerDoc filed these motions, effectively destroying any claim to investigative confidentiality while attempting to sway public sentiment against healthcare providers like QueerDoc,” Judge Jamal Whitehead wrote in his ruling, which came out Monday. “Such conduct appears calculated to intimidate rather than investigate.”

“The question before the Court is whether DOJ may use its administrative subpoena power to achieve what the Administration cannot accomplish through legislation: the elimination of medical care that Washington and other states explicitly protect. The answer is no,” he continued. He noted that gender-affirming care is supported by major medical groups and many courts.

Whitehead added, “When a federal agency issues a subpoena not to investigate legal violations but to intimidate and coerce providers into abandoning lawful medical care, it exceeds its legitimate authority and abuses the judicial process.”

He denied the motion to seal the proceedings “because, despite legitimate safety concerns, transparency in judicial proceedings remains paramount when challenging executive power,” he wrote.

Related: What is gender-affirming care, who uses it, and do they regret it?

QueerDoc welcomed the ruling. “The court affirmed that government power cannot be used to intimidate providers or breach the confidentiality of patients seeking medically necessary care,” the organization said in a statement on its website. “This is a win not just for QueerDoc, but for every clinician and patient fighting for the right to safe, private healthcare.”

The subpoena was “a calculated attempt by the Trump administration and Attorney General Pam Bondi to weaponize the Department of Justice against transgender people and the clinicians who care for them,” the statement noted. QueerDoc did not surrender any patient information to the DOJ, and care was not disrupted, the group said.

A federal judge in Massachusetts quashed a similar DOJ subpoena to Boston Children’s Hospital in September, and the department is appealing, Politico reports. The Children’s Hospital of Philadelphia and the University of Pittsburgh Medical Center are in court fighting DOJ subpoenas on gender-affirming care as well.

Asked by Politico for comment on the QueerDoc ruling, the DOJ issued this statement: “As Attorney General Bondi has made clear, this Department of Justice will use every legal and law enforcement tool available to protect innocent children from being mutilated under the guise of ‘care.’”