Case: In Re: Motion to Quash Administrative Subpoena to Rhode Island Hospital

1:26-mc-00007 | U.S. District Court for the District of Rhode Island

Filed Date: May 4, 2026

Case Ongoing

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Case Summary

This case challenges the U.S. Department of Justice's (“DOJ”) attempt to subpoena records identifying Rhode Island minors who received gender-affirming medical care. On May 4, 2026, the Child Advocate for the State of Rhode Island (“Child Advocate”) filed an emergency motion on behalf of the Rhode Island Department of Children, Youth, and Families to quash the administrative subpoena in the U.S. District Court for the District of Rhode Island. Represented by private counsel and cooperating counsel from the Lawyers' Committee for Rhode Island and the ACLU Foundation of Rhode Island, The Child Advocate challenged Administrative Subpoena 25-1431-032, which the DOJ had served on Rhode Island Hospital pursuant to 18 U.S.C. § 3486. The subpoena, allegedly issued to investigate a violation of the Federal Food, Drug, and Cosmetic Act, sought more than five years of sensitive medical records relating to minors who received gender-affirming care, including names, dates of birth, Social Security numbers, diagnoses, clinical histories, family information, and informed consent forms. The Child Advocate alleged that enforcement of the subpoena is not within legitimate government interests and would violate minors' constitutional privacy rights under Rhode Island's Healthcare Provider Shield Law as well as established limits on federal administrative subpoena authority. The Child Advocate further alleged that the subpoena was part of a broader Trump administration effort to restrict access to gender-affirming care for minors, citing Executive Order 14187 and Attorney General Pam Bondi's April 22, 2025 memorandum, "Preventing the Mutilation of American Children," which directed the DOJ to prioritize investigations and enforcement actions relating to gender-affirming medical care for minors. The Child Advocate sought expedited relief, an order quashing the subpoena, and injunctive relief preventing disclosure of patient-identifying information. The case was assigned to United States District Judge Mary S. McElroy.

The subpoena was issued to Rhode Island Hospital on July 9, 2025, as part of what DOJ described as a nationwide healthcare fraud investigation concerning gender-affirming care provided to minors. Rhode Island Hospital and DOJ subsequently engaged in negotiations regarding the scope of the hospital’s compliance with the subpoena. While those negotiations were ongoing, DOJ filed an ex parte petition to enforce the subpoena in the U.S. District Court for the Northern District of Texas on April 30, 2026. 2026 WL 1204327. Later that day, the Texas court granted DOJ’s petition and ordered Rhode Island Hospital to produce all responsive records within fourteen days. The Child Advocate was not a party to the Texas proceeding and alleged that neither their office nor the affected children received notice of the enforcement action. After learning of the Texas order, the Child Advocate filed this action in the U.S. District Court for the District of Rhode Island, challenging the validity of the underlying subpoena itself and seeking to prevent disclosure of the records before production could occur. Thus, while the Texas proceeding concerned DOJ’s effort to compel compliance with the subpoena, the Rhode Island action challenged the subpoena on constitutional and statutory grounds and sought protection of Rhode Island children whose records were at issue. Related case: In re Administrative Subpoena 25-1431-032, N.D. Tex..

On May 7, 2026, the Rhode Island court denied DOJ's motion to stay the proceedings or transfer venue to Texas, concluding that the Rhode Island action involved different parties and distinct constitutional claims from those presented in the Texas enforcement proceeding.

On May 9, 2026, Rhode Island Hospital moved to intervene, asserting that it was the recipient of the subpoena and had independent interests in protecting patient information. The court granted intervention on May 11, 2026. The same day, Rhode Island Hospital filed its own emergency motion to quash the subpoena. Several amici, including twenty-one states, Lambda Legal Defense and Education Fund, and the National Center for Youth Law, submitted briefs supporting the motions to quash.

Following a hearing on May 12, 2026, the court granted both motions to quash Administrative Subpoena 25-1431-032. 2026 WL 1329792, amended and superseded by 2026 WL 1392565. In its amended opinion, the court held that the Child Advocate has standing to challenge the subpoena on behalf of children whose privacy rights were threatened by disclosure of their medical information. The court further held that neither the collateral attack doctrine nor the Texas enforcement order barred relief. The court found that DOJ had misrepresented and omitted material information in its dealings with both the Rhode Island and Texas courts, including information regarding ongoing negotiations with Rhode Island Hospital and the availability of anonymized data. The court concluded that the subpoena lacked a proper congressionally authorized purpose, was issued for an improper purpose, and sought highly sensitive medical information protected by the constitutional right to informational privacy. Based on those findings, the court quashed Administrative Subpoena 25-1431-032 and permanently enjoined DOJ from seeking, receiving, using, retaining, or disseminating documents or information obtained pursuant to the subpoena. The court criticized DOJ's conduct throughout the litigation, finding that the agency had misrepresented facts to courts and parties and had undermined the presumption of regularity ordinarily afforded to government actors. The court issued an amended memorandum and order clarifying that the injunction applied to all materials identifying or reasonably permitting identification of Rhode Island children, including but not limited to information responsive to the subpoena, 2026 WL 1392565.

Also on May 14, 2026, DOJ appealed the district court's judgment to the U.S. Court of Appeals for the First Circuit. 26-1568. Meanwhile, on May 18, 2026, parallel proceedings concerning the same subpoena continued in the Northern District of Texas concluding that the Rhode Island order had quashed the subpoena but had not vacated the Texas court's earlier enforcement order and therefore directed Rhode Island Hospital to produce responsive records to the court for in camera safekeeping pending resolution of the appeals. 2026 WL 1408263. On May 19, 2026, the Child Advocate moved for an injunction pending appeal from the First Circuit to prevent Rhode Island Hospital from turning over responsive records to any person or entity. The First Circuit denied the motion, concluding that the Child Advocate had not demonstrated the irreparable harm because the records would be held in camera by the Texas court and would not be disseminated pending resolution of the appeals. 26-1568; 2026 WL 1407553. On May 22, 2026, DOJ moved to expedite briefing and argument in the appellate court. In the district court, on June 5, 2026, Judge McElroy referred the matter for further proceedings under District of Rhode Island Local Rule 210(b), the court’s attorney-disciplinary rule, citing representations made by respondents’ counsel and the findings contained in the court’s May 14, 2026 order.

As of June 2026, this case is ongoing and DOJ's appeal remains pending before the First Circuit.

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Summary Authors

Niam Vora (6/9/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73290254/parties/in-re-motion-to-quash-administrative-subpoena-to-rhode-island-hospital/

Judge(s)

Attorney for Plaintiff

Boisture, Pooja

Expert/Monitor/Master/Other

Barber, Kathryn G. (Rhode Island)

Bianchi, Gil Alan (Rhode Island)

Bolan, Kevin (Rhode Island)

Bonta, Robert

Judge(s)

McElroy, Mary Susan (Rhode Island)

Attorney for Plaintiff

Boisture, Pooja

Thurston, Robin F.

Wolfson, Paul R.Q.

Other

Barber, Kathryn G. (Rhode Island)

Bianchi, Gil Alan (Rhode Island)

Bolan, Kevin (Rhode Island)

Bonta, Robert

Brown, Anthony G.

Brown, Nicholas W.

Cambier, Adam M (Rhode Island)

Campbell, Jordan (Rhode Island)

Carmen, Morgan (Rhode Island)

Clark, Charity R.

Dahlquist, Scott B.

Davenport, Jennifer

Deyoe, Sonja L. (Rhode Island)

Ellison, Keith

Ford, Aaron D.

Frey, Aaron M.

Goldstein, Ross S. (Rhode Island)

Gonzalez-Pagan, Omar (Rhode Island)

Gradowski, Kathryn T. (Rhode Island)

Harvey, Julia (Rhode Island)

Hubbard, Kevin Love (Rhode Island)

James, Letitia

Jennings, Kathleen

Kaul, Joshua L.

Kundl, Jak (Rhode Island)

Labinger, Lynette J. (Rhode Island)

Lewis, A.D. Sean (Rhode Island)

Loewy, Karen (Rhode Island)

Mayers, Brantley (Rhode Island)

Mayes, Kristin K.

Minter, Shannon

Monfredo, Nina (Rhode Island)

Nakasian, Stacey P. (Rhode Island)

Nessel, Dana

Olshan, Eric G. (Rhode Island)

Raoul, Kwame

Rayfield, Daniel A.

Rice, Sarah (Rhode Island)

Romero, Amy Retsinas (Rhode Island)

Runkle, Patrick (Rhode Island)

Schwalb, Brian L.

Slater, Allyson (Rhode Island)

Smith, Nicole (Rhode Island)

Tong, William M.

Torrez, Raul

Weiser, Philip J.

Weizenbaum, Miriam (Rhode Island)

Whelan, Amy

Zurier, Lauren S.

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:26-mc-00007	Emergency Motion To Quash Subpoena Duces Tecum	May 4, 2026	May 4, 2026 Pleading / Motion / Brief
26 1:26-mc-00007	Amicus Brief	May 11, 2026	May 11, 2026
28 1:26-mc-00007	Quash	May 11, 2026	May 11, 2026
44 1:26-mc-00007	Memorandum and Order	May 14, 2026	May 14, 2026
108449119 26-01568	Main Document	May 19, 2026	May 19, 2026

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/73290254/in-re-motion-to-quash-administrative-subpoena-to-rhode-island-hospital/

Last updated June 13, 2026, 3:10 a.m.

ECF Number	Description	Date	Link Date / Link
1	Emergency MOTION to Quash - New Case ( filing fee paid $ 52.00, receipt number ARIDC-2273580 ), filed by Child Advocate for the State of Rhode Island. Responses due by 5/18/2026. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Weizenbaum, Miriam) (Entered: 05/04/2026) 1 Exhibit Exhibit 1 View on RECAP 2 Exhibit Exhibit 2 View on RECAP 3 Exhibit Exhibit 3 View on RECAP	May 4, 2026	May 4, 2026 Clearinghouse
2	MOTION for Kevin Love Hubbard to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2273657 ) filed by Child Advocate for the State of Rhode Island. (Weizenbaum, Miriam) (Entered: 05/04/2026)	May 4, 2026	May 4, 2026 RECAP
3	NOTICE of Appearance by Lynette J. Labinger on behalf of Child Advocate for the State of Rhode Island (Labinger, Lynette) (Entered: 05/04/2026)	May 4, 2026	May 4, 2026 RECAP
4	NOTICE of Appearance by Amy Retsinas Romero on behalf of Child Advocate for the State of Rhode Island (Romero, Amy) (Entered: 05/04/2026)	May 4, 2026	May 4, 2026 RECAP
5	NOTICE by Child Advocate for the State of Rhode Island of Related Proceedings (Hubbard, Kevin) (Entered: 05/04/2026)	May 4, 2026	May 4, 2026 RECAP
	Order	May 4, 2026	May 4, 2026
	Order on Motion to Appear Pro Hac Vice	May 4, 2026	May 4, 2026
	Case Assigned/Reassigned	May 4, 2026	May 4, 2026
	Notice of Hearing on Motion	May 4, 2026	May 4, 2026
	Case assigned to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses. (Simoncelli, Michael)	May 4, 2026	May 4, 2026
	TEXT ORDER granting 2 Motion to Appear Pro Hac Vice of Kevin Love Hubbard. So Ordered by District Judge Mary S. McElroy on 5/4/2026. (Hill, Cherelle)	May 4, 2026	May 4, 2026
	TEXT ORDER: The Government shall respond to 1 Emergency MOTION to Quash on or before 5/7/2026 by 2:00 pm. So Ordered by District Judge Mary S. McElroy on 5/4/2026. (Potter, Carrie)	May 4, 2026	May 4, 2026
	NOTICE of Hearing on Motion 1 Emergency MOTION to Quash : Motion Hearing set for 5/12/2026 at 02:30 PM via Zoom before District Judge Mary S. McElroy. Zoom information to be emailed to counsel of record. The public is invited to view the hearing via the Court's YouTube channel. More information will be available on the Court's website www.rid.uscourts.gov. (Potter, Carrie)	May 4, 2026	May 4, 2026
6	NOTICE of Appearance by Ross S. Goldstein on behalf of United States of America (Goldstein, Ross) (Entered: 05/05/2026)	May 5, 2026	May 5, 2026
7	NOTICE of Appearance by Patrick Runkle on behalf of United States of America (Runkle, Patrick) (Entered: 05/07/2026)	May 7, 2026	May 7, 2026
8	MOTION to Stay or Transfer Venue filed by United States of America. Responses due by 5/21/2026. (Runkle, Patrick) (Entered: 05/07/2026)	May 7, 2026	May 7, 2026 RECAP
9	RESPONSE In Opposition to 1 Emergency MOTION to Quash - New Case ( filing fee paid $ 52.00, receipt number ARIDC-2273580 ) filed by United States of America. Replies due by 5/14/2026. (Attachments: # 1 Exhibit RIH Notice of Privacy Practices)(Goldstein, Ross) (Entered: 05/07/2026) 1 Exhibit RIH Notice of Privacy Practices View on PACER	May 7, 2026	May 7, 2026 RECAP
	Notice of Hearing on Motion	May 7, 2026	May 7, 2026
	Order on Motion to Stay	May 7, 2026	May 7, 2026
	TEXT ORDER. The Government's Motion to Stay or Transfer Venue (ECF No. 8) is DENIED. When deciding whether to apply the first-to-file rule, courts must consider: "(1) which action was filed first; (2) the similarity of the parties; and (3) the similarity of the issues." Waithaka v. Amazon.com, Inc., 404 F. Supp. 3d 335, 350 (D. Mass. 2019), aff'd, 966 F.3d 10 (1st Cir. 2020). While the Texas enforcement action was filed first, the remaining factors are not satisfied. The parties are not similar: the Child Advocate was not a party to the Texas proceeding, had no notice of those proceedings, and had no opportunity to be heard there. Rhode Island Hospital, the only party before the Texas court, is not a party here. The issues are not similar: the Texas court adjudicated the enforceability of the subpoena as between the government and Rhode Island Hospital; this Court is asked to adjudicate the independent constitutional privacy rights of minor patients who were never before any court. Those claims were neither raised nor considered in Texas and could not have been, as the affected parties were absent. The first-to-file rule does not apply. So Ordered by District Judge Mary S. McElroy on 5/7/2026. (Potter, Carrie)	May 7, 2026	May 7, 2026
	NOTICE of Hearing on Motion 1 Emergency MOTION to Quash. Motion Hearing reset for 5/12/2026 at 02:00 PM in Courtroom 2 before District Judge Mary S. McElroy. PLEASE NOTE THIS HEARING WILL NOW TAKE PLACE IN PERSON. The public may view the hearing via the Court's YouTube channel. Please visit rid.uscourts.gov for additional information. (Potter, Carrie)	May 7, 2026	May 7, 2026
10	Consent MOTION for Leave to File Amicus Brief of Rhode Island, Massachusetts, Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Vermont, Washington, and Wisconsin filed by State of Rhode Island. Responses due by 5/22/2026. (Attachments: # 1 Proposed States' Amicus Brief)(Rice, Sarah) (Entered: 05/08/2026) 1 Proposed States' Amicus Brief View on RECAP	May 8, 2026	May 8, 2026 RECAP
11	MOTION for Nina Monfredo to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2276886 ) filed by National Center for Youth Law. (Smith, Nicole) (Entered: 05/08/2026)	May 8, 2026	May 8, 2026
12	REPLY to Response re 9 Response to Motion, filed by Child Advocate for the State of Rhode Island. (Attachments: # 1 Exhibit 1)(Hubbard, Kevin) (Entered: 05/08/2026) 1 Exhibit 1 View on RECAP	May 8, 2026	May 8, 2026 RECAP
13	Amicus Curiae APPEARANCE entered by Sonja L. Deyoe on behalf of LAMBDA Legal Defense and Education Fund, Inc.. (Deyoe, Sonja) (Entered: 05/09/2026)	May 9, 2026	May 9, 2026
14	MOTION Leave to file Amicus - unopposed filed by LAMBDA Legal Defense and Education Fund, Inc.. Responses due by 5/26/2026. (Deyoe, Sonja) (Entered: 05/09/2026)	May 9, 2026	May 9, 2026 RECAP
15	AMICUS BRIEF by LAMBDA Legal Defense and Education Fund, Inc.. (Deyoe, Sonja) (Entered: 05/09/2026)	May 9, 2026	May 9, 2026 RECAP
16	NOTICE of Appearance by Stacey P. Nakasian on behalf of Rhode Island Hospital (Nakasian, Stacey) (Entered: 05/09/2026)	May 9, 2026	May 9, 2026
17	MOTION to Intervene filed by Rhode Island Hospital. Responses due by 5/26/2026. (Attachments: # 1 Exhibit 1)(Nakasian, Stacey) (Entered: 05/09/2026) 1 Exhibit 1 View on PACER	May 9, 2026	May 9, 2026
18	MOTION for Eric G. Olshan to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2277072 ) filed by Rhode Island Hospital. (Nakasian, Stacey) (Entered: 05/09/2026)	May 9, 2026	May 9, 2026
19	MOTION for Kathryn M. Barber to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2277073 ) filed by Rhode Island Hospital. (Nakasian, Stacey) (Entered: 05/10/2026)	May 9, 2026	May 9, 2026
20	MOTION to Intervene (Corrected Filing to add exhibits) filed by Rhode Island Hospital. Responses due by 5/26/2026. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Nakasian, Stacey) (Entered: 05/10/2026) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on RECAP 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER 11 Exhibit 11 View on PACER 12 Exhibit 12 View on PACER 13 Exhibit 13 View on RECAP 14 Exhibit 14 View on PACER	May 10, 2026	May 10, 2026 RECAP
21	MOTION for A.D. Sean Lewis to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2277083 ) filed by LAMBDA Legal Defense and Education Fund, Inc.. (Deyoe, Sonja) (Entered: 05/10/2026)	May 10, 2026	May 10, 2026 RECAP
22	MOTION for Omar Gonzalez-Pagan to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2277089 ) filed by LAMBDA Legal Defense and Education Fund, Inc.. (Deyoe, Sonja) (Entered: 05/10/2026)	May 10, 2026	May 10, 2026 RECAP
23	MOTION for Karen Loewy to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2277289 ) filed by LAMBDA Legal Defense and Education Fund, Inc.. (Attachments: # 1 Exhibit A)(Deyoe, Sonja) (Entered: 05/11/2026)	May 11, 2026	May 11, 2026
24	MOTION for Leave to File Amicus Brief filed by National Center for Youth Law. Responses due by 5/26/2026. (Attachments: # 1 Supporting Memorandum)(Bianchi, Gil) (Entered: 05/11/2026) 1 Supporting Memorandum View on PACER	May 11, 2026	May 11, 2026
25	NOTICE of Appearance by Gil Alan Bianchi, Jr on behalf of National Center for Youth Law (Bianchi, Gil) (Entered: 05/11/2026)	May 11, 2026	May 11, 2026
26	AMICUS BRIEF by State of RHODE ISLAND, MASSACHUSETTS, ARIZONA, CALIFORNIA, COLORADO, CONNECTICUT, DELAWARE, THE DISTRICT OF COLUMBIA, ILLINOIS, MAINE, MARYLAND, MICHIGAN, MINNESOTA, NEVADA, NEW JERSEY, NEW MEXICO, NEW YORK, OREGON, VERMONT, WASHINGTON, AND WISCONSIN (Potter, Carrie) (Entered: 05/11/2026)	May 11, 2026	May 11, 2026 Clearinghouse
27	NOTICE of Appearance by Brantley Mayers on behalf of United States of America (Mayers, Brantley) (Entered: 05/11/2026)	May 11, 2026	May 11, 2026
28	Emergency MOTION to Quash Subpoena Duces Tecum filed by Rhode Island Hospital. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit)(Potter, Carrie) (Entered: 05/11/2026) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER 9 Exhibit View on PACER 10 Exhibit View on PACER 11 Exhibit View on PACER 12 Exhibit View on PACER 13 Exhibit View on PACER	May 11, 2026	May 11, 2026 Clearinghouse
29	AMICUS BRIEF by National Center for LGBTQ Rights and National Center for Youth Law. (Potter, Carrie) (Entered: 05/11/2026)	May 11, 2026	May 11, 2026 RECAP
30	NOTICE by United States of America of Supplemental Authority (Attachments: # 1 Exhibit Opinion and Order)(Goldstein, Ross) (Entered: 05/11/2026) 1 Exhibit Opinion and Order View on RECAP	May 11, 2026	May 11, 2026 RECAP
31	NOTICE of Appearance by Jordan Campbell on behalf of United States of America (Campbell, Jordan) (Entered: 05/11/2026)	May 11, 2026	May 11, 2026 RECAP
	Order on Motion for Miscellaneous Relief	May 11, 2026	May 11, 2026
	Order on Motion for Leave to File Amicus Brief	May 11, 2026	May 11, 2026
	Order on Motion to Appear Pro Hac Vice	May 11, 2026	May 11, 2026
	Order on Motion to Intervene AND Order on Motion to Intervene	May 11, 2026	May 11, 2026
	Order	May 11, 2026	May 11, 2026
	Order on Motion to Intervene	May 11, 2026	May 11, 2026
	TEXT ORDER granting 10 Motion for Leave to File Amicus Brief. So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)	May 11, 2026	May 11, 2026
	TEXT ORDER granting 14 MOTION Leave to file Amicus - unopposed . So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)	May 11, 2026	May 11, 2026
	TEXT ORDER granting 17 Motion to Intervene; granting 20 Motion to Intervene. So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)	May 11, 2026	May 11, 2026
	TEXT ORDER granting 24 Motion for Leave to File Amicus Brief. So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)	May 11, 2026	May 11, 2026
	TEXT ORDER granting 11 Motion to Appear Pro Hac Vice of Nina Monfredo. So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)	May 11, 2026	May 11, 2026
	TEXT ORDER granting 18 Motion to Appear Pro Hac Vice of Eric G. Olshan. So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)	May 11, 2026	May 11, 2026
	TEXT ORDER granting 19 Motion to Appear Pro Hac Vice of Kathryn M. Barber. So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)	May 11, 2026	May 11, 2026
	TEXT ORDER granting 21 Motion to Appear Pro Hac Vice of A.D. Sean Lewis. So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)	May 11, 2026	May 11, 2026
	TEXT ORDER granting 22 Motion to Appear Pro Hac Vice of Omar Gonzalez-Pagan. So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)	May 11, 2026	May 11, 2026
	TEXT ORDER granting 23 Motion to Appear Pro Hac Vice of Karen Loewy. So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)	May 11, 2026	May 11, 2026
	TEXT ORDER. The Respondent is directed to provide to this Court the Hsiao Declaration and all other information provided to the Court in the Northern District of Texas to support its choice to enforce the subpoena in that Court. The information may be provided ex parte due to the sensitive nature of the information and must be provided by 5:00 p.m. today. The documents are to be produced by sending an email to carrie_potter@rid.uscourts.gov. So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)	May 11, 2026	May 11, 2026
	Minute Entry for proceedings held before District Judge Mary S. McElroy: In Chambers Conference held on 5/12/2026 re: In Camera Documents. J. Campbell, B. Mayers and L. Zurier in attendance. (Historic Library at 1:40 pm.) (Potter, Carrie)	May 12, 2026	May 12, 2026
	In Chambers Conference	May 12, 2026	May 12, 2026
	Minute Entry for proceedings held before District Judge Mary S. McElroy: Motion Hearing held on 5/12/2026 : K. Love Hubbard, A. Romero, L. Labinger, B. Mayers, J. Campbell, E. Olshan and S. Nakasian. Arguments heard from Child Advocate of RI (Love Hubbard), Rhode Island Hospital (Olshan) and USA (B. Mayers). Court questions; counsel responds. Oral Motion to Renew Transfer of Venue. Denied for reasons previously stated. DOJ to provide copy of sealed affidavit to opposing counsel with redactions, Affidavit of Mr. Gunn and notice about when the grand jury was convened in the Northern District of Texas by 9:00 am on 5/13/2026. Order to issue. (Court Reporter D. Veitch in Courtroom 1 at 2:00 pm.) (Potter, Carrie)	May 12, 2026	May 12, 2026
	Motion Hearing	May 12, 2026	May 12, 2026
32	NOTICE by United States of America (Attachments: # 1 Gunn Declaration)(Mayers, Brantley) (Entered: 05/13/2026) 1 Gunn Declaration View on RECAP	May 13, 2026	May 13, 2026 RECAP
33	TRANSCRIPT ORDER for proceedings held on 5/12/2026 before Judge Mary S. McElroy. Realtime Transcript selected. (Attachments: # 1 Email) (Gonzalez Gomez, Viviana) (Entered: 05/13/2026) 1 Email View on RECAP	May 13, 2026	May 13, 2026 RECAP
34	TRANSCRIPT ORDER for proceedings held on 5/12/2026 before Judge McEloy. Daily Transcript selected. Transcript to be delivered following adjournment and prior to the normal opening hour of court on the following morning.. (Nakasian, Stacey) (Entered: 05/13/2026)	May 13, 2026	May 13, 2026 RECAP
35	TRANSCRIPT ORDER for proceedings held on 5/12/2026 before Judge McElroy. Daily Transcript selected. Transcript to be delivered following adjournment and prior to the normal opening hour of court on the following morning.. (Mayers, Brantley) (Entered: 05/13/2026)	May 13, 2026	May 13, 2026 RECAP
36	TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 34 Transcript Order, 33 Transcript Order, 35 Transcript Order,. Daily Transcript Ordered. Court Reporter/Transcriber: Denise Veitch. (Dias, Jennifer) (Entered: 05/13/2026)	May 13, 2026	May 13, 2026 RECAP
37	TRANSCRIPT ORDER for proceedings held on 05/12/2026 before Judge Mary S. McElroy. Daily Transcript selected. Transcript to be delivered following adjournment and prior to the normal opening hour of court on the following morning.. (Weizenbaum, Miriam) (Entered: 05/13/2026)	May 13, 2026	May 13, 2026 RECAP
38	MEMORANDUM AND ORDER : The Court's decision is based solely on its application of the law to the administrative subpoena at issue here. But the discrepancy between the honorable conduct expected of federal prosecutors and DOJs tactics in this case is unsettling. The Court cannot help but share the sentiment that "[t]he presumption of regularity that has previously been extended to [DOJ] that it could be taken at its wordwith little doubt about its intentions and stated purposesno longer holds." United States v. Oregon, No. 6:25-CV-01666-MTK, 2026 WL 318402, at *11 (D. Or. Feb. 5, 2026). It is regrettable that this is now the case.The Emergency Motions to Quash (ECF Nos. 1 & 28 ) are GRANTED. In granting these Motions, this Court quashes the administrative subpoenathe instrument issued by the DOJnot the enforcement order entered by the Texas court. What this Court holds is that the subpoena itself lacks a congressionally authorized purpose, was issued for an improper purpose, and demands the production of records that cannot be obtained consistent with the constitutional privacy rights of Rhode Island children. Those are independent grounds for quashal of the subpoena that this Court has authority to adjudicate.In addition, the DOJ is hereby ENJOINED from receiving, using, retaining, or disseminating any patient-identifying information or protected health information produced by RIH in response to Administrative Subpoena No. 25-1431-032, including all materials responsive to Requests 11 through 15 and any other materials that identify, or reasonably permit the identification of, Rhode Island's children. So Ordered by District Judge Mary S. McElroy on 5/13/2026. (CP) (Entered: 05/13/2026)	May 13, 2026	May 13, 2026 Clearinghouse
39	JUDGMENT enters in accordance with the Memo and Order of 5/13/2026. So Ordered by District Judge Mary S. McElroy on 5/13/2026. CP) (Entered: 05/13/2026)	May 13, 2026	May 13, 2026 RECAP
40	TRANSCRIPT ORDER for proceedings held on 05/12/2026 - 05/12/2026 before Judge Mary S. McElroy. Daily Transcript selected. Transcript to be delivered following adjournment and prior to the normal opening hour of court on the following morning.. (Attachments: # 1 Email)(Hill, Cherelle) (Entered: 05/14/2026) 1 Email View on RECAP	May 14, 2026	May 14, 2026 RECAP
41	Emergency MOTION to Clarify 38 Memorandum and Order,,,,,, filed by Rhode Island Hospital. Responses due by 5/28/2026. (Nakasian, Stacey) (Entered: 05/14/2026)	May 14, 2026	May 14, 2026 RECAP
42	TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 37 Transcript Order, 40 Transcript Order,. Daily Transcript Ordered. Court Reporter/Transcriber: Denise Veitch. (Dias, Jennifer) (Entered: 05/14/2026)	May 14, 2026	May 14, 2026 RECAP
43	NOTICE OF APPEAL by United States of America as to 38 Memorandum and Order, 39 Judgment (No fee paid, USA, Waived by Statute, or IFP.) NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf Appeal Record due by 5/21/2026. (Mayers, Brantley) (Entered: 05/14/2026)	May 14, 2026	May 14, 2026 RECAP
44	MEMORANDUM AND ORDER : Ultimately, the Court's decision is based solely on its application of the law to the administrative subpoena at issue here. But the discrepancy between the honorable conduct expected of federal prosecutors and DOJ's tactics in this case is unsettling. The Court cannot help but share the sentiment that "[t]he presumption of regularity that has previously been extended to [DOJ] that it could be taken at its wordwith little doubt about its intentions and stated purposesno longer holds." United States v. Oregon, No. 6:25-CV-01666-MTK, 2026 WL 318402, at *11 (D. Or. Feb. 5, 2026). It is regrettable that this is now the case.The Emergency Motions to Quash (ECF Nos. 1 & 28 ) are GRANTED. In granting these Motions, this Court quashes the administrative subpoenathe instrument issued by DOJnot the enforcement order entered by the Texas court. What this Court holds is that the subpoena itself lacks a congressionally authorized purpose, was issued for an improper purpose, and demands the production of records that cannot be obtained consistent with the constitutional privacy rights of Rhode Island children. Those are independent grounds for quashal of the subpoena that this Court has authority to adjudicate.In addition, DOJ is hereby ENJOINED from seeking, receiving, using, retaining, or disseminating any patient-identifying information or protected health information produced by RIH in response to Administrative Subpoena No. 25-1431-032, including but not limited to all materials responsive to Requests 11 through 15 and any other materials that identify, or reasonably permit the identification of, Rhode Islands children. So Ordered by District Judge Mary S. McElroy on 5/14/2026. (Potter, Carrie) (Entered: 05/14/2026)	May 14, 2026	May 14, 2026 Clearinghouse
45	CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b) re: 43 Notice of Appeal. Documents Sent: 38, 39. (Attachments: # 1 Record on Appeal) (Gonzalez Gomez, Viviana) (Entered: 05/14/2026) 1 Record on Appeal View on PACER	May 14, 2026	May 14, 2026
46	NOTICE OF APPEAL by United States of America as to 44 Memorandum and Order,,,,,,, (No fee paid, USA, Waived by Statute, or IFP.) NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf Appeal Record due by 5/21/2026. (Mayers, Brantley) (Entered: 05/14/2026)	May 14, 2026	May 14, 2026 RECAP
	Order on Motion to Clarify	May 14, 2026	May 14, 2026
	USCA Case Number	May 14, 2026	May 14, 2026
	TEXT ORDER: Rhode Island Hospital's Emergency Motion to Clarify (ECF No. 41 ) is GRANTED IN PART. The Court issues an amended memorandum and order under a separate docket entry. So Ordered by District Judge Mary S. McElroy on 5/14/2026. (Potter, Carrie)	May 14, 2026	May 14, 2026
	USCA Case Number 26-1568 for 43 Notice of Appeal, filed by United States of America. (Gonzalez Gomez, Viviana)	May 14, 2026	May 14, 2026
47	CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). 46 Notice of Appeal,,. (Attachments: # 1 Record on Appeal)(Hill, Cherelle) (Entered: 05/15/2026)	May 15, 2026	May 15, 2026
48	MOTION for Adam M. Cambier to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2281529 ) filed by State of Rhode Island. (Harvey, Julia) (Entered: 05/19/2026)	May 19, 2026	May 19, 2026 RECAP
49	MOTION for Morgan Carmen to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2281554 ) filed by State of Rhode Island. (Harvey, Julia) (Entered: 05/19/2026)	May 19, 2026	May 19, 2026
50	MOTION for Jak Kundl to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2281556 ) filed by State of Rhode Island. (Harvey, Julia) (Entered: 05/19/2026)	May 19, 2026	May 19, 2026
51	MOTION for Allyson Slater to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2281557 ) filed by State of Rhode Island. (Harvey, Julia) (Entered: 05/19/2026)	May 19, 2026	May 19, 2026
52	Supplemental Record on Appeal transmitted to U.S. Court of Appeals for the First Circuit. 46 Notice of Appeal. (Attachments: # 1 ROA)(Potter, Carrie) (Entered: 05/19/2026) 1 View on RECAP	May 19, 2026	May 19, 2026
	Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice	May 19, 2026	May 19, 2026
	TEXT ORDER granting 48 Motion to Appear Pro Hac Vice of Adam M Cambier ; granting 49 Motion to Appear Pro Hac Vice of Morgan Carmen, ; granting 50 Motion to Appear Pro Hac Vice of Jak Kundl ; granting 51 Motion to Appear Pro Hac Vice of Allyson Slater. So Ordered by District Judge Mary S. McElroy on 5/19/2026. (Potter, Carrie)	May 19, 2026	May 19, 2026
53	ORDER of the U.S. Court of Appeals for the First Circuit entered as to 46 Notice of Appeal, filed by United States of America. ORDER entered by Gustavo A. Gelp, Appellate Judge; Lara E. Montecalvo, Appellate Judge and Joshua D. Dunlap, Appellate Judge: The Child Advocate's motion for an injunction pending appeal is DENIED. DUNLAP, Circuit Judge, concurring. [26-1568] (Gonzalez Gomez, Viviana) (Entered: 05/20/2026)	May 20, 2026	May 20, 2026 Clearinghouse
54	TRANSCRIPT of Motion to Quash, held on May 12, 2026, before District Judge Mary S. McElroy. Court Reporter Denise P. Veitch, Telephone number (401)752-7031. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 6/11/2026. Redacted Transcript Deadline set for 6/22/2026. Release of Transcript Restriction set for 8/19/2026. (Veitch, Denise) (Entered: 05/21/2026)	May 21, 2026	May 21, 2026
	TEXT ORDER. Because of the representations made to this Court by the respondents' attorneys, as well as the findings of the Court in its order of May 14, 2026, this matter is referred for further proceedings under R.I. Dist. Ct. Local Rule 210(b). So Ordered by District Judge Mary S. McElroy on 6/5/2026. (Potter, Carrie)	June 5, 2026	June 5, 2026
	Order	June 5, 2026	June 5, 2026

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Case Details

State / Territory:

Rhode Island

Case Type(s):

Healthcare Access and Reproductive Issues

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: May 4, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Child Advocate for the State of Rhode Island, acting on behalf of children in state custody, challenged a DOJ subpoena seeking confidential medical records of minors who received gender-affirming care.

Plaintiff Type(s):

State Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Department of Justice

Defendant Type(s):

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

Ex parte Young (federal or state officials)

State law

Constitutional Clause(s):

Due Process: Substantive Due Process

Equal Protection

Other Dockets:

District of Rhode Island 1:26-mc-00007

U.S. Court of Appeals for the First Circuit 26-01568

Special Case Type(s):

Warrant or subpoena application (or protection)

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Document/Information

Injunction

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General/Misc.:

Affected Sex/Gender(s):

Transgender

LGBTQ+:

LGBTQ+

Transgender

Medical/Mental Health Care:

Gender-affirming care

Medical care, general

Recommended Citation

Case Summary of In Re: Motion to Quash Administrative Subpoena to Rhode Island Hospital, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48138/ (last updated 6/9/2026).