Appeals court allows Trump DOJ investigation of transgender telehealth provider to resume

An appellate court said the Justice Department can continue investigating QueerDoc, a telehealth service providing care to transgender people across the country.

The Ninth Circuit Court of Appeals said a lower court had wrongly blocked a subpoena from Justice Department investigators seeking records that included patient data, insurance claims, billing records, and communications with pharmaceutical companies. The subpoena was one of more than 20 similar demands for information issued to hospitals and clinics.

U.S. District Judge Jamal Whitehead quashed the subpoena against QueerDoc in October, saying the Justice Department appeared to be on a mission to effectively eliminate gender-affirming care options for Americans. “Such conduct appears calculated to intimidate rather than investigate,” Whitehead, an appointee of Democratic President Joe Biden, wrote.

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But the government appealed the ruling, and U.S. Circuit Judge Carlos Bea, an appointee of Republican President George W. Bush, said that pursuing such a goal was not inherently improper.

“Although the subpoena here was validly based on an investigation of health care law violations, the goal of ending ‘gender-affirming care’ is not in and of itself an ‘improper’ policy objective,” Bea wrote, as reported by Courthouse News Service. “It is not so irrational or arbitrary as to be ultra vires. The Administration is entitled to adopt a position on either side of this ‘ongoing debate among medical experts.’”

The matter was sent back to the district court, where Whitehead still must consider QueerDoc’s arguments that the subpoena is overbroad and burdensome.

Assistant Attorney General Brett Shumate cheered the appellate court ruling.

Related: Judge nixes Justice Department subpoena of telehealth trans health care provider

“The Ninth Circuit confirms that (the Justice Department) can investigate whether hospitals that provide cross-sex hormones and puberty blockers to children have complied with federal law because the trans medical industry is not above the law,” Shumate posted on social media.

QueerDoc has not issued a statement about the latest ruling. After Whitehead quashed the subpoena in October, however, the provider pledged to continue protecting its patients’ privacy.

“We will always do everything in our power to honor the sacred trust our patients and communities place in us — to protect your privacy, prioritize your safety, and keep showing up for your care no matter who tries to stop us,” the QueerDoc team said in a statement.