Trump’s DOJ Subpoenas Trans Care Records From 20 Hospitals

For the safety of patients and doctors alike, health care institutions can—and must—fight back.

Photo by David Trinks on Unsplash

Hospitals, gender affirming care clinics and health care systems are once again being put to the test on how much they will stand up for the rights and safety of their patients—starting with trans kids.

This week, Attorney General Pam Bondi filed more than 20 subpoenas against gender-affirming care clinics and health care providers across the country that it says treated transgender youth. It could function as a litmus test for how far health care institutions will go to protect doctors and patients, and not just trans ones.

“With respect to civil and criminal fraud—although the exact details of the targets of our investigation are not yet public—we have issued nearly 20 subpoenas against clinics who are engaged in transition-related investigations,” the Department of Justice Chief of Staff Chad Mizelle said at a Federal Trade Commission (FTC) event on July 9.

“The Department’s investigations include healthcare fraud, false statements, and more,” Bondi said in a press release that same day about “clinics involved in performing transgender medical procedures on children.”

The names of the impacted hospitals and further details about the requested information is not yet known, but earlier this month, Fox News reported on rumors of potential FBI probes into Children’s Hospital Los Angeles, Boston Children’s Hospital, and Children’s Hospital Colorado.

Erin in the Morning was able to independently verify at least one hospital was subpoenaed after Bondi’s announcement.

In recent months, the Trump Administration has characterized gender-affirming care as “fraud,” citing far-right activists, including the “ex-trans” movement and non-affirming parents of trans kids. Bad faith actors seek to paint trans-affirming care as the extremist, ideological indoctrination of children, or otherwise as a nefarious plot to prey on vulnerable young people via the “gender industry.” In reality, trans-affirming care saves lives, and is supported globally by medical and human rights institutions.

Much of the anti-trans movement today can be traced back to extremist groups with deep pockets and deeper ties to the far-right and Christian fundamentalism, such as The Heritage Foundation and the American Principles Project, both of which sent speakers to the aforementioned FTC “workshop.” Another panelist, Erin Friday (who self-identifies as a California Democrat) denounced the “transgender mafia.”

The bulk of the right’s legal crusade against trans-affirming care has historically targeted providers, but parents of trans kids as well as adult trans patients are suffering, too. At least

24 states have professional or legal penalties on trans-affirming health care providers who treat minors, according to the Kaiser Family Foundation. A Human Rights Watch report from May further found that “allegations suggesting a parent is coercing their child to identify as transgender have become a tactic in custody disputes, particularly in cases where one parent does not affirm the child's gender identity.” And in Texas, the receipt of gender-affirming care was used to launch child welfare investigations into supportive families. Countless states have also restricted or attempted to restrict gender-affirming health care for trans people well into their 20s. Puerto Rico’s Senate passed a GAC ban on people under 21 last month.

In theory, AG Bondi’s subpoenas could be construed as unconstitutional; the Supreme Court has a long-held tradition of upholding an implicit right to privacy when it comes to health care, such as with access to contraception. In practice, we live in a post-Roe world. The sturdiness of legal precedent, privacy laws, and established civil rights has been overcast by the shadows of Trump’s authoritarian ascent and the Supreme Court’s blindly conservative majority.

But medical staff, patients, and when applicable, parents, can apply pressure to local officials to enforce state laws—in New York, for example, State AG Letiticia James warned hospitals against withdrawing care due to non-discrimination laws, which guarantee comparable treatment for transgender and cisgender people alike.

Meanwhile, hospital CEOs and boards can also be pushed to fight the subpoenas in court; unlike the average American, these institutions are more able to pool robust legal and financial resources. And it’s important that they do, as these efforts don’t exist in a vacuum—efforts are also underway by ICE and by anti-abortion prosecutors to weaponize medical data. If trans kids become acceptable cannon fodder in Trump’s medical-culture war, anyone can be next.