SEATTLE, Washington — A divided federal appeals court ruled Friday that the Trump administration may continue pursuing a Justice Department subpoena against a provider of gender-affirming care for transgender youth, reversing a lower court that found the investigation improperly motivated.
The 9th U.S. Circuit Court of Appeals ruled 2-1 that President Donald Trump’s broader goal of restricting gender-affirming care does not by itself establish that the Justice Department acted in bad faith when it subpoenaed Washington-based telemedicine provider QueerDoc.
The subpoena seeks personnel and billing records, communications with pharmaceutical companies and information concerning patients prescribed puberty blockers or hormone therapy. The Justice Department says it is investigating potential healthcare fraud and misleading claims about treatment.
Judge Carlos Bea, joined by Judge Daniel Bress, wrote that presidents routinely set law-enforcement priorities consistent with their policy agendas. The majority also described evidence surrounding the effectiveness and long-term risks of some gender-affirming treatments for minors as disputed. Judge Richard Paez dissented, arguing the record supported concerns that the investigation was intended to pressure providers into stopping lawful care.
The ruling does not require QueerDoc to immediately surrender all requested records. Instead, the case returns to the district court, where the provider can continue arguing that the subpoena is overly broad, burdensome or improperly threatens patient privacy.
The decision is significant because several federal judges have blocked similar Trump administration subpoenas, while Friday’s ruling is the first federal appellate decision supporting the government’s effort.
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