Rhode

Judge blocks Trump administration’s demand for Rhode Island hospital’s records of transgender kids

A federal judge has blocked the Trump administration’s sweeping demands for confidential transgender patient information from Rhode Island’s largest hospital that provides gender-affirming care to minors.

U.S. District Judge Mary McElroy’s Wednesday ruling is the latest setback for the U.S. Department of Justice, where at least seven other federal courts have agreed to quash or limit the expansive civil subpoenas sent to more than 20 doctors and hospitals last summer.

McElroy’s decision also echoed similar concerns raised by judges surrounding the expansive scope of the subpoenas, describing the Justice Department as having “immense prosecutorial authority and discretion” but no longer trustworthy it will enforce its power fairly and honestly.

“DOJ has proven unworthy of this trust at every point in this case,” McElroy wrote.

A Justice Department spokesperson said Thursday that it would appeal and continue with its investigations.

“The Rhode Island court’s attack on the professionalism and integrity of DOJ attorneys is outrageous and unjustified,” the department said.

According to the subpoenas, the Justice Department had demanded Rhode Island Hospital hand over the birth dates, Social Security numbers and addresses of every patient who received transgender care over the past five years. It also included instructions to provide all documents detailing adverse side effects in minor patients who received gender-related care, assessments that formed the basis for prescribing puberty blockers or hormone therapy, as well as patient intake forms and guardian authorization.

The Justice Department has repeatedly argued that the information sought in the subpoenas is needed to investigate possible fraud or unlawful off-label promotion of drugs. Most recently during a hearing in Rhode Island, the DOJ said that the investigation was taking place in the Northern District of Texas, where the court’s chief judge ordered Rhode Island Hospital to comply with the subpoena before McElroy’s decision voided the subpoena.

Assistant U.S. Atty. Brantley Mayers told McElroy during the hearing that the Justice Department is investigating potential “misbranding” of drugs approved by the U.S. Food and Drug Administration, such as puberty blockers for young people. While off-label prescribing is legal, Mayers said that the DOJ is concerned that pharmaceutical companies are providing “financial incentives” to Rhode Island doctors to prescribe the drugs.

The subpoenas were crucial in getting the names of children and their families so the Justice Department could interview them.

McElroy rejected that argument.

“The administration has publicly characterized gender-affirming care for minors as abuse, directed the DOJ to bring its practice to an end, and celebrated when hospitals curtailed such programs as a result of this subpoena campaign,” McElroy wrote.

The Rhode Island decision is the latest development in the fight over transgender youth health records. Earlier this week, 11 families filed a class-action lawsuit seeking to block the Justice Department from obtaining the documents. The lawsuit, filed in Maryland’s federal court, is backed by families with transgender children who have received care from hospitals across the U.S.

And separately, a New York hospital announced that it received a grand jury subpoena from federal prosecutors in Texas seeking information about children who received gender-affirming care and the medical providers who administered it.

NYU Langone is the first hospital system to publicly acknowledge receiving a subpoena for such records as part of a federal criminal investigation. But the institution said in its statement Tuesday it was one of several that received a subpoena out of the Northern District of Texas on May 7. It said it was deciding on how to respond.

“The government cannot use its subpoena power to intimidate families out of seeking lawful medical care. To trans and gender-diverse children and their families, we want you to know that you are valued, you are not alone,” Kevin Love Hubbard, an attorney with the Lawyers’ Committee of Rhode Island, who represented the plaintiffs in the case, said in a statement.

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 may include counseling, medications that block puberty, hormone therapy to produce physical changes or surgeries to transform chests and genitals, although 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.

At least 27 states have adopted laws restricting or banning the care for minors, while several others have adopted laws or policies protecting access to transgender healthcare.

Kruesi writes for the Associated Press.

Source link

US judge blocks Justice Department bid to seize voter data in Rhode Island | Donald Trump News

Ruling is latest loss for Trump administration, which has sought access to state voter data ahead of the US midterms.

A federal judge in the United States has dismissed a Department of Justice lawsuit seeking to access voter data from Rhode Island.

The decision on Friday was the latest loss for the administration of President Donald Trump, which has sought to access voter data in dozens of states across the country.

Recommended Stories

list of 3 itemsend of list

In the ruling, US District Court Judge Mary McElroy sided with election officials and civil rights groups, writing that the Justice Department does not have the authority “to conduct the kind of fishing expedition it seeks here”.

Rhode Island Secretary of State Gregg Amore praised the ruling in a statement afterwards.

“The executive branch seems to have no problem taking actions that are clear Constitutional overreaches, regularly meddling in responsibilities that are the rights of the states,” Amore wrote.

“But the power of our democratic republic, built on three, coequal branches of government, is clearer than ever before.”

The Justice Department has sued at least 30 states for their voter information, maintaining it needs the information to secure election security. State officials have said that turning over the data raises an array of privacy concerns.

Under the US Constitution, state officials administer elections. Only Congress can pass laws related to how states oversee voting.

But Trump has sought to transform election administration, claiming that voting has been marred by widespread fraud.

In particular, Trump has continued to maintain that the 2020 election, in which he lost to former President Joe Biden, was “stolen”.

No evidence has ever been put forward to support the claims.

Federal judges have rejected attempts in California, Massachusetts, Michigan and Oregon to force the states to hand over voter files to the federal government. At least 12 states, however, have willingly provided or pledged to provide voter information to the Trump administration.

The push for voter information is one of several actions that have raised concerns over how the Trump administration will approach the midterm elections in November, which will decide the makeup of the US Congress.

He is currently calling on Republicans to pass the so-called SAVE America Act, a bill that would create higher documentation standards for voters to prove their citizenship when registering to vote and casting ballots.

The majority of Republican lawmakers have embraced Trump’s claim that the law is needed to prevent non-citizens from registering to vote, despite studies showing that instances of voter fraud are glancingly rare.

Critics say the measure would risk disenfranchising millions of voters, particularly those who have legally changed their names, which is a common practice in US marriages.

Source link