In a major defeat for federal efforts to investigate pediatric gender-affirming care, the Department of Justice (DOJ) has quietly dropped its appeal in a high-profile legal battle over the private medical records of transgender youth. The decision ends a protracted court challenge that had drawn intense scrutiny from civil rights advocates, medical ethics experts, and patient privacy organizations.
The legal standoff originated in June 2025, when the DOJ issued sweeping administrative subpoenas under 18 U.S.C. § 3486 to prominent pediatric medical facilities—including Children’s National Hospital in Washington, D.C. The federal government demanded sensitive, identifiable patient data, including patient names, social security numbers, dates of birth, clinical assessments, specific medical diagnoses, and parental consent forms for minors receiving transgender healthcare services.
Eight families whose children received gender-affirming care at Children’s National Hospital joined with LGBTQ+ advocacy organizations to challenge the subpoenas in federal court. Represented by legal counsel from GLBTQ Legal Advocates & Defenders (GLAD Law) and law firm Brown Goldstein & Levy, the plaintiffs argued that the federal demand violated fundamental constitutional privacy protections and constituted an improper attempt to harass patients and healthcare providers.
In January 2026, U.S. District Judge Julie R. Rubin issued a scathing ruling quashing the DOJ subpoena. In her opinion, Judge Rubin wrote that the federal administrative subpoena “lacks a proper investigative purpose” and “appears to have no purpose other than to intimidate and harass” the hospital and families seeking established, essential medical care.
Judge Rubin further determined that the subpoena was “a pretext to fulfill the Executive’s well-publicized policy objective to terminate and block” access to gender-affirming care for youth. Characterizing the government’s actions as a “classic impermissible fishing expedition,” the court concluded:
“The Government has made improper use of a § 3486 administrative subpoena to out (families) for receiving, and their Hospital for providing, healthcare.”
Following the district court’s decision, the DOJ initially signaled its intent to appeal the ruling to the U.S. Court of Appeals. However, federal prosecutors have now formally withdrawn the appeal, effectively admitting defeat and allowing Judge Rubin’s ruling to stand as a binding precedent.
Legal experts and LGBTQ+ advocacy groups celebrated the administration’s decision to abandon the appeal, emphasizing the broader implications for medical privacy and patient safety across the country.
“Today’s ruling is a crucial victory for families and for the fundamental right to medical privacy,” says Donovan Bendana, Liman Law Fellow at GLAD Law. “The court saw through the government’s attempt to use its investigative powers as a weapon against families who are simply trying to access healthcare for their children. These families should never have been forced to go to court to protect their children’s private medical information from government intrusion.”
Eve Hill, a partner at Brown Goldstein & Levy who served as co-counsel representing the families, notes that the resolution reinforces core limits on government overreach into private medical decisions:
“Parents of transgender adolescents want what every parent wants: to ensure their children get the medical care they need to be healthy and thrive. This ruling affirms that the government cannot intrude into the exam room or second-guess the medical decisions families make with their doctors.”
Advocates pointed out that federal attempts to seize medical records create severe chilling effects, deterring families from seeking necessary healthcare for vulnerable youth out of fear of executive retaliation. Jennifer Levi, Senior Director of Transgender and Queer Rights at GLAD Law, highlights the stakes for pediatric healthcare:
“When families fear their private health information could be exposed or used against them, they may delay or avoid seeking necessary medical care – putting children’s health and wellbeing at risk. The court’s decision protects not only the families who brought the case, but reinforces fundamental principles of medical privacy and limitations on government power that benefit all Americans.”
By abandoning its appeal, the Department of Justice leaves intact a landmark judicial finding that protects patient records from federal overreach, delivering a decisive win for medical privacy and transgender youth rights.
