Second Circuit Blocks DOJ from Accessing Trans Patient Medical Records
The Second Circuit denied DOJ’s request to stay ruling blocking seizure of transgender patient records.
Why it matters: Protecting sensitive medical information is crucial for transgender patients' privacy and civil rights. This ruling limits government access, underscoring tensions in healthcare legal battles.
- On August 26, 2026, the Second Circuit denied DOJ’s request to stay a ruling blocking access to trans patients' medical records.
- DOJ subpoenaed over 20 New York health facilities seeking records on gender-affirming care for transgender youth since 2020.
- The lawsuit was filed by ACLU, NYCLU, and Lambda Legal on behalf of transgender youth and families in June 2026.
- The ruling safeguards patient privacy against federal seizures amid broader DOJ investigations under the Trump administration.
On August 26, 2026, the Second Circuit Court of Appeals refused the Department of Justice’s request to stay a preliminary injunction that barred the DOJ from obtaining medical records of transgender patients treated in New York. The decision came from a panel including U.S. Circuit Judges Richard J. Sullivan and William J. Nardini, appointed by Donald Trump, and Alison J. Nathan, appointed by Joe Biden, emphasizing bipartisan judicial oversight (CourtHouse News).
The DOJ had issued grand jury subpoenas to over 20 health facilities, including NYU Langone, seeking details about gender-affirming care for transgender youth since 2020. This was part of a broader Trump-era initiative following President Trump's January 2025 executive order that sought to curtail federal support for gender-affirming care to minors (CourtHouse News).
In June 2026, a coalition of civil rights groups—the ACLU, NYCLU, and Lambda Legal—filed suit on behalf of three families with transgender youth and two transgender young adults. Plaintiffs proceeded under pseudonyms to protect their identities, and the court provisionally certified a class encompassing all similarly situated transgender patients who accessed gender-affirming care as minors at New York City-area facilities (Lambda Legal).
Lambda Legal’s Senior Counsel Omar Gonzalez-Pagan emphasized the ruling’s importance: "The government cannot weaponize the legal system... to collect the most private medical information of transgender young people in violation of the right to privacy guaranteed by our Constitution." He added, "Every family should be able to make healthcare decisions without fear of political interference or exposure."
This decision aligns with federal courts in California and Pennsylvania that have likewise quashed or limited DOJ subpoenas seeking transgender patient records. In fact, earlier in 2026, the DOJ halted demands for medical records at Children’s Hospital Los Angeles exploring gender-affirming care (LA Times).
The legal battle reflects ongoing tensions between government efforts to scrutinize gender-affirming care and the protection of civil liberties and patient privacy. While the DOJ’s exact rationale for subpoenas remains unclear, courts are increasingly wary of broad governmental access to sensitive health data amid active litigation on transgender rights and healthcare freedoms.
By the numbers:
- 20+ health facilities subpoenaed by DOJ for transgender care records since 2020
- June 2026 lawsuit filed for privacy protection by ACLU, NYCLU, and Lambda Legal
- January 2025 executive order barring federal support for gender-affirming care for minors
Yes, but: The DOJ has not specified its next legal moves after the Second Circuit's denial, leaving future developments uncertain.