Mini-Post: It Is Not Suppose To Work That Way

The normal way to subpoena is you have a crime and you use it to get information from a specific source... a blanket subpoena rounds up all the data and sift looking for a crime.

Federal subpoenas for transgender care records raise medical privacy concerns and put providers in a legal bind – a health law expert explains what’s at stake

The Conversation

By Margaret Riley

September 11, 2025

On Sept. 10, 2025, a federal judge blocked the Department of Justice’s attempt to subpoena medical records and other private health information on minors receiving hormone therapy and other gender affirming care at Boston Children’s Hospital.

The move is the first public legal decision after the Department of Justice, in July, issued more than 20 subpoenas to doctors and clinics treating transgender patients under age 19.

A subpoena to Children’s Hospital of Philadelphia, made public by The Washington Post on Aug. 20, demanded documents that are related to virtually any aspect of the care provided, including highly confidential documents like psychotherapy notes.

According to news reports, the Justice Department subpoenas have sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.

The judge did the right thing in squashing the subpoena, all it was, was a fishing expedition.

I’m a law professor at the University of Virginia specializing in health law. I spend a lot of time teaching future lawyers and medical professionals how medical privacy laws work. Normally, subpoenas demand information relating to specific crimes. But these subpoenas are unusual in how much information they seek, while giving no inkling of any alleged crimes that may have been committed.

The subpoenas also push against the bounds of legal protections on health information.

Trump and his cronies not only want the medical records but they also want to instill fear in the community! They want to scare the doctors away.

And this battle is not over...

At this point, the Justice Department has not revealed the underlying claims it intends to pursue. Based on its press release, which mentions “health care fraud,” it seems likely that the government intends to pursue claims under the federal health care fraud statute and the False Claims Act  for failing to meet federal requirements or for providing fraudulent billing or claims.

The government may decide to proceed under the Food, Drug, and Cosmetic Act, perhaps alleging that physicians somehow used a drug or device for a prohibited purpose. Given that the press release about the subpoenas refers to “mutilated children,” it is even possible that in some instances, the government might allege violations of a federal law against female genital mutilation. That law was passed to prohibit the removal of female genitals for nonmedical, usually cultural, reasons.

There hatred of us knows no limits!