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Judge Blocks DOJ Subpoena on Trans Youth Records, Cites Perjury

5/19/2026

Summary

McElroy Blocks DOJ Subpoena

Mary McElroy quashed a DOJ subpoena for trans minors’ records at Rhode Island Hospital.
She found DOJ attorneys gave statements to Rhode Island and Texas courts, violating perjury law.
Contradictory orders from Rhode Island and Texas judges triggered Supreme Court review, prompting McElroy to deem the subpoena issued in bad faith.
The DOJ issued subpoenas, prompting NYU Langone to disclose a subpoena for trans patients under 18 treated since 2020.

Summary

O'Connor Orders Records

Judge Reed O’Connor ordered Rhode Island Hospital to deliver all responsive records on USB drives by Tuesday 11:59 p.m. Central Time.
He required records be kept in camera, not shared with Justice Department, and called the hospital’s actions “attempts to avoid compliance” after Rhode Island Child Advocate Katelyn Medeiros sought to block the subpoena.
The Justice Department’s probe of off-label puberty blocker prescriptions and pharma coordination follows a Boston district court’s block on transgender-youth records.

Summary

Texas Subpoenas

Texas subpoena demands records on gender-affirming care for patients under 18 since Jan 2020, including doctors’ calendars.
NYU Langone halted its youth gender-affirming care program in February.
New York shield laws bar state help to out-of-state probes of reproductive or gender-affirming care.
Federal prosecutors warn noncompliance may bring fines and up to 20 years in prison.
HIPAA requires hospitals to notify patients and obtain a protective order before releasing records.

History

Historical Context

Since the HIPAA Privacy Rule took effect on April 14 2003 and HHS issued its 2006 Enforcement Rule, the federal government has imposed over $142 million in civil penalties across more than 140 OCR actions. Today, the Justice Department’s subpoenas to Rhode Island Hospital and NYU Langone, challenged by Judge Reed O’Connor and advocate Katelyn Medeiros, test that enforcement legacy.

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McElroy Blocks DOJ Subpoena

Mary McElroy quashed a DOJ subpoena for trans minors’ records at Rhode Island Hospital.
She found DOJ attorneys gave statements to Rhode Island and Texas courts, violating perjury law.
Contradictory orders from Rhode Island and Texas judges triggered Supreme Court review, prompting McElroy to deem the subpoena issued in bad faith.
The DOJ issued subpoenas, prompting NYU Langone to disclose a subpoena for trans patients under 18 treated since 2020.

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