A three-judge panel of the 9th U.S. Circuit Court of Appeals upheld a Justice Department subpoena against QueerDoc, a telemedicine provider, in a 2-1 decision Friday. The majority opinion stated that the administration’s efforts to align enforcement priorities with broader policy objectives represent a legitimate exercise of executive power.
The Justice Department has issued more than 20 subpoenas to doctors and clinics providing gender-affirming care as part of an investigation into potential healthcare fraud. Several lower federal courts have previously quashed comparable subpoenas, finding them to be improper attempts to coerce providers into discontinuing services. The appeals court majority distinguished this case by finding that the scientific status of gender-affirming treatments remains contested and that the administration may pursue its opposition on ethical or philosophical grounds as well.
The subpoena seeks QueerDoc’s personnel records, billing documents, communications with pharmaceutical manufacturers, and patient information related to prescriptions for puberty blockers and hormone therapy. The Justice Department contends it has reason to believe the company may be providing misleading information about these treatments. QueerDoc and its legal representatives from the American Civil Liberties Union have argued the subpoena is overbroad and burdensome, and plan to continue challenging it in district court with additional arguments.
President Trump has issued executive orders defining sex as unchangeable and directing efforts to curtail federal funding for gender-affirming care for patients under 19. The orders also instruct the Justice Department to prioritize investigations into alleged violations related to what the administration characterizes as misleading statements about treatment side effects. Medical organizations largely maintain that access to gender-affirming care, which includes counseling, medications, hormone therapy, and in some cases surgical interventions, is medically important for individuals with gender dysphoria.
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