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Press Freedom Defense Fund

DOJ Escalates War on Trans Youth Healthcare With Criminal Subpoenas

We already know how high the stakes are for patients and their families — and rolling over now could hurt all of medicine.

In an escalation of its efforts to criminalize and eradicate trans healthcare, Donald Trump’s administration has sent its first known criminal subpoenas to hospitals that have provided gender-affirming care for young trans people. 

New York University Langone received a criminal grand jury subpoena last week from the US Attorney’s Office in the Northern District of Texas demanding information about teens who received care from the hospital’s now-shuttered trans youth health program, as well as information on the medical staff who provided that care. 

In accordance with a New York state shield law, the hospital posted a public notice to inform affected patients. The notice also said “several” other institutions had received similar subpoenas, which the hospital said demands “information pertaining to patients under the age of 18 who received gender affirming care” between 2020 and 2026.

Previous administrative subpoenas for confidential patient information have been reliably quashed in courts around the country as blatantly unconstitutional, illegal intrusions into patient privacy. So far, these have been related only to civil investigations. The Langone subpoena means that the federal government has now launched a criminal investigation into trans youth healthcare providers, and in Northern Texas, a judicial district prone to extreme, right-wing decisions. 

What we do know for certain is that resisting every government demand here is the only acceptable path forward. 

What we do know for certain is that resisting every government demand here is the only acceptable path forward. 

It appears that providers, not the trans patients or their guardians, are the target of the criminal investigation. Since federal grand juries are the black boxes of the criminal legal system, little information is available about the details of the case. It is not even publicly known what charges the prosecutors could be pursuing. The subpoena demands sweeping information including medical records relating to any patients under 18 who received gender-affirming treatments, including puberty blockers, hormone treatments, or any other “clinical services.” What we do know for certain is that resisting every government demand here is the only acceptable path forward. 

When it comes to healthcare providers, New York’s Shield Law is specifically in place as a protection from out-of-state prosecution. But the law has not yet been robustly tested against a federal case. 

“The hospital may try to fight the subpoena, in whole or in part, in court — but because the federal government is strategically pursuing the case in one of the most conservative courts in the country, Langone faces an uphill battle,” S. Baum wrote in the trans news and advocacy site Erin in the Morning. “This round of litigation could also put the efficacy of Shield Laws to the test.”

The Justice Department’s aim, whether or not the grand jury leads to prosecutions, is to further intimidate and harass healthcare providers and hospital administrators nationwide into preemptively ending services for trans young people. Many institutions, including NYU Langone, have already complied and stopped providing such care. Convening the grand jury is yet another direct and immediate attack on trans kids and adults, and a threat to bodily autonomy and medical........

© The Intercept