California Attorney General Rob Bonta has joined 20 other attorneys general in filing an amicus brief with the U.S. District Court for the District of Colorado. The brief supports Children’s Hospital Colorado’s motion to quash a subpoena from the U.S. Department of Justice (DOJ) that seeks documents, including patient records, related to gender-affirming care at the hospital.
“This subpoena is an unjust attack on the privacy of transgender adolescents and a threat to effective healthcare,” said Attorney General Bonta. “This flagrant overreach by U.S. DOJ violates states’ rights to protect the health and safety of their residents. U.S. DOJ’s severe misinterpretation of federal law would prevent doctors from providing patients with the treatments their expertise deems most appropriate, across all fields of medicine, not just gender-affirming care. We will continue to defend Americans’ rights to receive care that honors their privacy and personal needs.”
The DOJ issued an administrative subpoena in July seeking information about Children’s Hospital Colorado’s provision of gender-affirming care. In response, Children’s Hospital filed a lawsuit requesting that the court quash the subpoena, which demands sensitive medical records such as patient names, dates of birth, home addresses, and social security numbers.
In their amicus brief, the attorneys general argue that:
– The subpoena infringes on states’ rights under the Tenth Amendment to regulate medical practice.
– The DOJ claims its actions are justified under the Food, Drug, and Cosmetic Act (FDCA), but this interpretation contradicts established legal precedent.
– Accepting this interpretation could negatively impact multiple areas of medicine because off-label drug prescriptions are common practice.
Attorney General Bonta previously joined similar efforts opposing DOJ subpoenas directed at Boston Children’s Hospital and Children’s Hospital of Philadelphia; both attempts were quashed by courts.
The coalition joining Bonta includes attorneys general from Colorado, Massachusetts, Connecticut, Delaware, District of Columbia, Hawai’i, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington and Wisconsin.
