Background
The Department of Justice issued a subpoena to Rhode Island Hospital seeking sensitive medical records of children who received gender-affirming care. While the District of Rhode Island granted a motion to quash the subpoena, the Northern District of Texas ordered the hospital to comply and turn over records for in camera safekeeping pending appeals. The Child Advocate for Rhode Island sought an injunction from the First Circuit to prevent the hospital from turning over the records to anyone.
The court’s reasoning
The court declined to grant the injunction because the petitioner failed to show irreparable harm. The Northern District of Texas assured that records would be held in camera and provided to the Department of Justice only if the appeals were resolved against the hospital. The court found no authority suggesting that providing anonymized records to a court constitutes irreparable harm. A concurring judge noted additional concerns regarding standing, jurisdiction over the Texas court, and the propriety of a collateral attack on the Texas order.
What it means going forward
The denial of the injunction allows the hospital to comply with the Northern District of Texas order to turn over records for in camera safekeeping while the appeals proceed in the Fifth and First Circuits.
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