New York, New York – A federal judge temporarily blocked the Justice Department from using grand jury subpoenas to obtain medical records of transgender patients treated at New York hospitals.
U.S. District Judge Katherine Polk Failla issued the temporary restraining order Wednesday in a lawsuit brought by patients and families after NYU Langone Health disclosed that it had received a subpoena from federal prosecutors in Texas.
Reuters reported that the subpoena sought records involving transgender patients who received gender-affirming care as minors from New York City health care providers. The judge said the plaintiffs were likely to show that the records demand violated constitutional privacy rights under the Fourth and Fifth Amendments.
The Justice Department has said the subpoenas are tied to a criminal investigation into possible drug “misbranding” related to gender-affirming care. Failla said the government appeared to be using criminal subpoenas after similar civil efforts had been rejected by courts.
The order is temporary. Failla scheduled a July 8 hearing to decide whether to issue a longer preliminary injunction.
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