Judge McElroy Refers DOJ Lawyers for Discipline Over Trans Kids' Hospital Data Subpoena
Updated
Updated · TPM · Jun 5
Judge McElroy Refers DOJ Lawyers for Discipline Over Trans Kids' Hospital Data Subpoena
3 articles · Updated · TPM · Jun 5
Summary
Mary McElroy on Friday sent Justice Department lawyers for disciplinary review, saying their conduct in a case seeking Rhode Island Hospital records on trans minors showed an "appalling" disregard for candor.
Her order follows a mid-May ruling quashing the subpoena, which sought names, Social Security numbers, addresses and medical histories under a thin off-label-drug rationale.
McElroy said DOJ lawyers negotiated with the hospital, then quietly pursued enforcement in Texas without disclosing parallel talks or anonymized-data deals struck with other hospitals.
Texas Judge Reed O'Connor granted enforcement without hearing from the hospital, and a Fifth Circuit panel refused an emergency stay; he later ordered the records lodged with the court, not shared with DOJ during appeal.
McElroy wrote that DOJ had proved "unworthy" of the usual presumption of regularity, adding to a wider pattern of judges rebuking Trump administration prosecutors over courtroom misconduct.
As investigators shift to grand jury subpoenas for medical records, what does this tactic mean for patient confidentiality in America?
When federal investigations meet patient care, where is the legal line drawn between preventing fraud and protecting constitutional privacy rights?
With courts and the DOJ at odds, how can hospitals navigate the tightrope of protecting patient data while responding to federal subpoenas?
DOJ Rebuked for Misconduct in Transgender Youth Medical Records Case: Rhode Island Judge Quashes Subpoena, Cites Forum Shopping and Privacy Violations
Overview
On June 6, 2026, U.S. District Judge Mary McElroy delivered a strong rebuke to the Department of Justice (DOJ) by quashing its subpoena for sensitive medical records related to transgender youth care at Rhode Island Hospital. Judge McElroy found that the DOJ’s subpoena lacked a congressionally authorized purpose and was issued for an improper purpose in bad faith. As a result, she referred the involved DOJ lawyers for possible disciplinary action, creating an immediate crisis for the DOJ. This decision highlights serious concerns about the DOJ’s conduct and underscores the importance of ethical standards in government investigations.