Full Breakdown
1st Circuit Denies Injunction on Rhode Island Hospital Records Release
5/21/2026, 7:01:31 AM
Background & Context
In July 2025 the DOJ issued a subpoena to Rhode Island Hospital demanding records of all minors who received gender-affirming care from 2020 onward. The demand is part of a probe into violations of the Federal Food, Drug, and Cosmetic Act and follows President Donald Trump’s 2024 executive order ending federal funding for such care. Over 20 similar subpoenas have been sent, and seven courts have blocked comparable requests on privacy grounds.
Key Figures & Groups
U.S. District Judges Reed O’Connor (Northern Texas) and Mary S. McElroy (Providence) issued the enforcement order and quashed the subpoena, respectively. Rhode Island Child Advocate Katelyn Medeiros represents children in state care. Rhode Island Hospital (Brown University Health) is the target. The DOJ leads the probe. The American Civil Liberties Union of Rhode Island, Democracy Forward and Lawyers’ Committee for Rhode Island support the advocate.
Data & Statistics
The subpoena seeks five years of records—names, Social Security numbers, diagnoses, gender identity, mental-health history, family and foster-care details, and consent forms. The DOJ set an August 7 2025 deadline. Rhode Island Hospital will provide de-identified data, held under seal in Texas. Over 20 subpoenas have been issued nationwide, and seven courts have blocked similar requests.
Official Statements & Responses
The child-advocate coalition said it was disappointed with the 1st Circuit’s ruling but vowed to keep defending children’s privacy, dignity and rights. A hospital spokesperson said Rhode Island Hospital will comply by delivering anonymized records, acting “in a manner consistent with applicable laws.”
Criticism & Opposition
Civil-rights groups claim the DOJ is weaponizing its authority to harass transgender health providers. Judge McElroy found the subpoena lacked a congressionally authorized purpose and violated constitutional privacy rights. The records contain the most intimate details of vulnerable children’s lives.
Conflicting Reports & Gaps
The Texas enforcement order and Rhode Island injunction conflict. The 1st Circuit said the child advocate had not shown irreparable harm; Judge McElroy deemed the subpoena unlawful. No data have been released on how many records were produced, and the legal standard for such subpoenas remains unsettled.
Verbatim Quotes
- “flagrant attempts to avoid compliance” — Judge Reed O’Connor.
- “At all times, we have sought to act in a manner consistent with applicable laws,” — Rhode Island Hospital spokesperson.
- “While we are disappointed in this result, this decision is not the end of our fight to protect Rhode Island children’s medical privacy.” — Rhode Island Child Advocate coalition.
- “particularly one that has assured the parties that the records will not be disseminated unless and until the parties' appeals are resolved.” — 1st U.S. Circuit Court of Appeals panel.
What’s Next
The appeal proceeds before the 1st Circuit, with both sides seeking further review. The Texas court will keep the anonymized records sealed. Observers note the dispute could reach the Supreme Court, which has warned against piecemeal resolution of uniform-result issues. The DOJ’s gender-affirming care probe continues.
