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Appeals court sides with Trump in fight over subpoena of gender-affirming care provider

President Trump’s goal of ending gender-affirming care is not improper and cannot be the basis for quashing a subpoena issued by the Justice Department against a provider of medical treatment for transgender youth, a divided federal appeals court ruled Friday.

The Justice Department announced last year that it had issued more than 20 subpoenas to doctors and clinics that provide gender-affirming care as part of an effort to investigate healthcare fraud. Federal judges have quashed many of the subpoenas as illegitimate efforts to intimidate providers into ending care.

In a 2-1 decision, a panel of the 9th U.S. Circuit Court of Appeals said the efficacy and long-term risks of the treatments are “uncertain,” and the president has the power to align the Justice Department’s enforcement priorities with his broader policy goals.

“Every President has law enforcement priorities, just as every President has signature policies (often, the former are components of the latter),” wrote Judge Carlos Bea.

Bea, a nominee of Republican President George W. Bush, was joined in the opinion by Daniel Bress, a Trump nominee. They reversed a ruling that quashed the subpoena against telemedicine provider QueerDoc, sending the case back to the district court to consider other arguments.

The subpoena seeks QueerDoc’s personnel files, billing documents, communications with drug manufacturers and records of patients who were prescribed puberty blockers or hormone therapy, among other information, according to the 9th Circuit decision.

American Civil Liberties Union attorney Adrien Leavitt, who represented Washington state-based QueerDoc, said the ACLU would continue fighting the subpoena in district court. QueerDoc has also argued the subpoena is overbroad and burdensome. The Justice Department has said it has reason to believe the company may be misleading people about puberty blockers and hormones.

“We’re ready to continue defending one of the most fundamental principles of healthcare: every patient’s right to confidential medical care,” Leavitt said in a statement.

He said the San Francisco-based 9th Circuit was the first appeals court to weigh in on the subpoenas.

Trump has signed one executive order defining sex as only male or female — and as unchangeable — and another that seeks to end federal funding of the care for patients under 19. The latter order also directs the Justice Department to “prioritize investigations” into violations of a drug safety law by “any entity that may be misleading the public about long-term side effects of chemical and surgical mutilation.”

Gender-affirming care includes a range of medical and mental health services to support a person’s gender identity, including when it’s different from the sex they were assigned at birth. It encompasses counseling, medications that block puberty and hormone therapy to produce physical changes as well as surgeries to transform chests and genitals, though those are rare for minors.

Most major medical groups say access to the treatment is important for those with gender dysphoria and see gender as existing along a spectrum.

The 9th Circuit majority called discussion around gender-affirming care “an unsettled scientific debate” and said the Trump administration could also justify its opposition to the treatment on ethical or philosophical grounds.

Thanawala writes for the Associated Press.

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Foreign Office ‘check with your provider’ warning for EU holiday destination

Flights were suspended after the recent incident

Families heading to Europe for their summer holidays soon may want to read up on some updated travel advice. The Foreign Office has updated its guidance for a popular EU destination. You may want to speak with your travel provider ahead of your trip.

The Foreign, Commonwealth and Development Office has changed its guidance for people traveling to Italy. The update relates to ‘Mount Etna Eruption – Flight Disruption’ and was added on Friday, August 7. Visitors to the Mediterranean country are informed: “Flights are currently affected by an ash cloud from Mount Etna. Check with your travel provider or Catania Airport before travelling.” The active volcano Mount Etna is on the east coast of Sicily, and is about 40km north of Catania Airport.

Plumes of ash cloud recently filled the air in the local area after an eruption of the volcano. Previous guidance on the Catania Airport website said that flights into Catania were suspended on Saturday, August 8, until 12 noon local time. Departures continued to operate as usual.

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Airport update

A later update on the airport website posted on Saturday, August 8, reads: “Following the downgrade of the volcanic activity alert level from RED to ORANGE, the resumption of flight operations has been authorised with immediate effect.

“Airspace sectors are therefore back in operation and flight landing services are being gradually restored.” But the guidance also encourages customers to keep an eye out for updates.

The airport said: “However, passengers are kindly advised to check the status of their flight with their airline before heading to the airport.” You can read the full Foreign Office guidance on the Government website.

You can also check for any fresh updates on the Catania Airport website. Travellers heading through Bristol Airport also recently faced disruption after flights were suspended owing to a fault with the runway.

Many flights were left grounded after the problem emerged late on Friday, August 7. Flights resumed at around 8am on Saturday, August 8, once the issue was fixed.

Operations were halted late on Friday, August 7, with the airport initially expecting flights to resume at 6am on Saturday. The runway eventually reopened at around 8am.

Your rights if your flight is delayed

If your flight is delayed for whatever reason, after a certain period your airline must provide certain things to take care of you.

These include:

  • Food and drink
  • Communication i.e. access to phone calls and emails
  • Accommodation if you are delayed overnight – and journeys between the airport and the hotel.

The company must provide support if your flight is delayed by:

  • At least two hours for flights under 1,500km (such as Glasgow to Amsterdam)
  • At least three hours for flights between 1,500km and 3,500km (such as East Midlands to Marrakesh)
  • At least four hours for flights over 3,500km (such as London to New York).

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