"On Friday, federal district Judge Mark A. Kearney in the Eastern District of Pennsylvania issued an order quashing DOJ subpoena demands for names, dates of birth, Social Security numbers, home addresses, and clinical notes covering minors treated since January 2020. The court found the government "lacks statutory authority for a rambling exploration of the Hospital's files to learn the names and medical treatment of children.""
"Families in Pennsylvania had filed separate motions to quash subpoenas issued by the Trump administration in July that alleged fraud in gender-affirming care. As The Advocate reported, the subpoenas demanded exhaustive data on minors, including "intake forms, consent paperwork, and parental authorizations for puberty blockers and hormone therapy.""
"Kearney's decision reaffirms that the records in question concern lawful medical treatment governed under Pennsylvania law, and that children's and families' constitutional privacy interests "far outweigh" the government's asserted investigative needs. The ruling also criticizes the DOJ's shifting justifications, noting that at one point the government "replaced" and reminding that "false statements may be subject to a perjury investigation.""
Federal district Judge Mark A. Kearney quashed Department of Justice subpoenas seeking names, dates of birth, Social Security numbers, home addresses, and clinical notes for minors treated at the Children's Hospital of Philadelphia since January 2020. The court found the government lacks statutory authority to demand such records and emphasized that children's and families' constitutional privacy interests far outweigh investigative needs. Families had filed motions to quash subpoenas issued in July that alleged fraud in gender-affirming care and demanded intake forms, consent paperwork, and parental authorizations for puberty blockers and hormone therapy. The ruling criticizes shifting DOJ justifications and arrives amid a national crackdown on gender-affirming care.
Read at Advocate.com
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