US judge halts Department of Justice subpoenas for transgender medical records

A United States federal judge has issued a temporary restraining order preventing the Department of Justice from issuing subpoenas for the medical records of transgender patients who received gender-affirming care as minors from providers in New York. District Judge Katherine Polk Failla ruled that the subpoenas, issued by a grand jury in the northern district of Texas, could violate patient privacy and constitute a concerted effort to obtain private information without consent. The order lasts for 14 days, with a follow-up hearing scheduled for July 8 to determine whether to issue a preliminary injunction.

The legal intervention follows a lawsuit initiated after a hospital disclosed it had been subpoenaed, prompting families and patients to file a legal challenge. In her ruling, Failla noted that the administration’s policies vis-a-vis transgender persons embody a concerted effort to obtain deeply private information about an entire class of individuals without their knowledge or consent. She stated that the administration has sought to identify, to demonise, and ultimately to eradicate an entire population of transgender people, echoing criticisms that the efforts are a concerted attempt to marginalise the community.

Since returning to office for a second term, the Trump administration has implemented a series of executive orders and policy changes restricting gender-affirming care for youth and rejecting non-binary gender concepts. On his first day back in the White House, the Republican leader issued an executive order directing the federal government to reject the idea of gender and only recognise two sexes: male and female. This was followed by a directive on January 28, 2025, to restrict gender-affirming care for transgender youth and call on the Department of Justice to prioritize investigations to end such healthcare practices.

The subpoena to access the New York medical records was issued by a grand jury in the northern district of Texas, a venue described as sympathetic to conservative causes. However, judges across the country have blocked several of the nearly 20 subpoenas issued by the Texas court to clinics and doctors providing transgender care. Omar Gonzalez-Pagan, a lawyer for the plaintiffs at Lambda Legal, described the court’s order as a victory for the privacy of clients and families in New York City.

While the current restraining order is scheduled to last for 14 days, the long-term legal implications of the Texas grand jury’s subpoenas and the broader federal government’s ability to access these records remain undetermined pending further court rulings. Failla has scheduled a follow-up hearing for July 8 to decide whether to issue a preliminary injunction to extend the block on the Justice Department’s access to confidential medical records.