Rhode Island Judge Blocks DOJ Subpoena for Transgender Youth Records

On Wednesday, U.S. District Judge Mary McElroy issued an opinion that nullified a Justice Department subpoena seeking the medical records of all minors who received gender-affirming care at Brown Health’s Rhode Island Hospital since 2020. The order bars the DOJ from obtaining, retaining, or disseminating any identifying patient information.

The Advocate

The DOJ claimed the request was needed to investigate possible violations of the Federal Food, Drug, and Cosmetic Act via off-label prescribing of puberty blockers and hormone therapy. Federal precedent, including First Circuit rulings, holds that such off-label use of FDA-approved drugs is lawful. The judge rejected the premise, finding the subpoena lacked a congressionally authorized purpose and was a bad-faith request.

The Advocate

The dispute involves Judge Mary McElroy, the Department of Justice, Rhode Island Hospital (RIH), and Judge Reed O’Connor as the venue for a parallel Texas filing.

The Advocate

The demand covered names, Social Security numbers, addresses, diagnoses, clinical histories, and family information for every minor patient treated with gender-affirming services since 2020; seven other courts have similarly deemed comparable subpoenas improper.

The Advocate

McElroy held that compelling disclosure would violate the minors’ Fourteenth Amendment right to informational privacy, calling the request a “drastic overreach of its investigative authority.” The decision signals heightened judicial scrutiny of attempts to obtain health data on vulnerable populations.

The Advocate

The judge accused DOJ attorneys of concealing the Texas filing, misleading the court about ongoing communications with RIH, and relying on a junior attorney while senior officials remained silent. She described behavior as “appalling” and a breach of duty of candor owed to the judiciary.

The Advocate

The DOJ claimed RIH had not communicated with government since February 2026, a statement the judge found “clearly misleading, if not utterly false,” because correspondence continued into late April. The judge also noted that the DOJ’s legal theory on off-label prescribing contradicts established case law.

The Advocate

• “The discrepancy between the honorable conduct expected of federal prosecutors and DOJ’s tactics in this case is unsettling,” — Judge Mary McElroy

The Advocate

• “DOJ has proven unworthy of this trust at every point in this case,” — Judge Mary McElroy

The Advocate

• “This reckless disregard for the duty of candor owed to a federal court is appalling,” — Judge Mary McElroy

The Advocate

• “Just be honest enough to admit that.” — Judge Mary McElroy

The Advocate

The ruling prevents the DOJ from accessing the targeted records and may influence pending subpoenas in other districts. McElroy’s warning that the presumption of DOJ good faith “no longer holds” could shape federal approaches to investigations involving gender-affirming care.

The Advocate