Full Breakdown
Federal Subpoenas for Transgender Youth Records Spark Conflicting Court Orders
5/19/2026, 5:47:37 AM
Conflicting Court Orders
On May 13, Judge Reed O’Connor (N.D. Texas) ordered Rhode Island Hospital to deliver five years of transgender youth medical records. A day earlier, Judge Mary McElroy (D.R.I.) blocked Justice Department subpoena, calling it “drastic overreach” and issuing it in bad faith. Opposing orders place hospital between conflicting federal directives.
Scope of the DOJ Subpoena
Donald Trump labeled gender-affirming care for minors “child abuse,” prompting the Justice Department to subpoena hospitals for names, birth dates and addresses. It says the data are needed to investigate alleged illegal “off-label” prescribing of puberty blockers, though such prescribing is legal and accounts for one-fifth of prescriptions. Texas subpoena seeks all records from 2020 onward for every transgender minor treated at Rhode Island Hospital. DOJ threatens up to 20 years imprisonment for non-compliance and treats off-label prescribing as potentially criminal despite no ban.
Key Actors
Judge O’Connor called the hospital’s refusal “flagrant attempts to avoid compliance with lawful orders.” Judge McElroy condemned DOJ attorneys for “subterfuge” and “deceptive” statements. DOJ Acting Director Lisa K. Hsiao argued identifying data could reveal “misbranding or fraudulent billing.” Rhode Island Child Advocate’s office, led by Katelyn Medeiros and represented by Kevin Love Hubbard, filed motion that prompted McElroy’s ruling.
Judicial Findings and Discrepancies
Judge O’Connor justified his order by citing “litigation, pending appeals, conflicting court orders, and RIH’s refusal to produce responsive documents,” and held records in-camera pending appeal. Judge McElroy found the subpoena unlawful because theory is illegal, request was made in bad faith, and it violates Fourteenth Amendment’s informational privacy protection. She also noted DOJ officials misrepresented anonymized data settlements in Los Angeles, Pittsburgh and Maryland as indispensable and falsely claimed hospital had ceased communication in February, exposing gaps.
Opposition
Rhode Island Child Advocate’s office says subpoena threatens minors’ rights and privacy. LGBTQ+ activists, including NEW Pride Agenda’s Kei Williams, argue demands “intimidate hospitals” and erode trust. Shield laws bar state cooperation with out-of-state investigations of lawful gender-affirming care, and HIPAA requires safeguards before disclosure.
Verbatim Quotes
- “I have never seen an order like this,” — Kevin Love Hubbard, attorney, Rhode Island Child Advocate’s office
- “Such flagrant attempts to avoid compliance with lawful orders leads the court to conclude that it is necessary to hold the materials responsive to the subpoena in camera pending the outcome of the appeals,” — Judge Reed O’Connor
- “They deserve safety, and the freedom to access health care without fear that their personal information will be turned over to political actors.” — Kei Williams, executive director, NEW Pride Agenda
What’s Next
The Rhode Island ruling is being appealed to the First Circuit, while DOJ threatens further enforcement. Parallel challenges persist in other districts, raising the prospect of Supreme Court review. The Justice Department continues to issue grand-jury subpoenas, keeping the dispute over transgender youth privacy unresolved.
