Appeals court sides with Trump in fight over subpoena of gender-affirming care provider

President Donald Trump’s goal of ending gender-affirming care is not improper and cannot be the basis for quashing a subpoena issued by the Justice Department against a provider of medical treatment for transgender youth, a divided federal appeals court ruled Friday.

The Justice Department announced last year that it had issued more than 20 subpoenas to doctors and clinics that provide gender-affirming care as part of an effort to investigate healthcare fraud. Federal judges have quashed many of the subpoenas as illegitimate efforts to intimidate providers into ending care.

In a 2-1 decision, a panel of the 9th U.S. Circuit Court of Appeals said the efficacy and long-term risks of the treatments are “uncertain,” and the president has the power to align the Justice Department’s enforcement priorities with his broader policy goals.

“Every President has law enforcement priorities, just as every President has signature policies (often, the former are components of the latter),” Judge Carlos Bea wrote.

Bea, a nominee of Republican President George W. Bush, was joined in the opinion by Daniel Bress, a Trump nominee. They reversed a ruling that quashed the subpoena against telemedicine provider QueerDoc, sending the case back to the district court to consider other arguments.

The subpoena seeks QueerDoc’s personnel files, ...