Attorney General Bonta Opposes U.S. DOJ’s Continued Misuse of Power in Attempts to Subpoena Gender-Affirming Care Records

OAKLAND — California Attorney General Rob Bonta on Friday joined 20 other attorneys general in filing an amicus brief in United States v. QueerDoc in the U.S. Court of Appeals for the Ninth Circuit. The brief opposes the U.S. Department of Justice (U.S. DOJ)’s subpoena requesting information on telemedicine platform QueerDoc’s provision of gender-affirming care. In the brief, Attorney General Bonta and the coalition argue that the subpoena violates states’ rights to regulate the practice of medicine, relies on unfounded interpretations of U.S. DOJ’s legal authority, and, as multiple courts have ruled, is part of an effort to intimidate providers into ending gender-affirming care programs.

“The Trump Administration continues to abuse its power in its bad faith crusade to subpoena gender-affirming care records,” said Attorney General Bonta. “The U.S. Department of Justice is continually and knowingly misinterpreting the law, as its justifications for its many subpoenas have been struck down by multiple district courts. U.S. DOJ has now turned to the U.S. Court of Appeals in hopes of legitimizing its hateful campaign against transgender individuals. We won’t let that happen. We will continue to stand up for Americans’ rights to privacy and protect transgender individuals’ access to crucial care from providers they trust.” 

In June 2025, U.S. DOJ sent QueerDoc an administrative subpoena, seeking information and documents relating to QueerDoc’s provision of gender-affirming care. These records include personally identifiable information for QueerDoc’s patients, including names, birthdates, and social security numbers. QueerDoc filed a lawsuit in the U.S. District Court for the Western District of Washington asking the court to quash U.S. DOJ’s subpoena. On October 27, the district court granted QueerDoc’s motion to quash. U.S. DOJ has appealed the district court’s decision to the U.S. Court of Appeals for the Ninth Circuit. 

In today’s amicus brief, Attorney General Bonta and the coalition urge the court of appeals to affirm the district court’s decision to quash the subpoena. Attorney General Bonta and the coalition argue that:

• The subpoena infringes on states’ rights under the Tenth Amendment of the Constitution to regulate the practice of medicine.
• U.S. DOJ attempts to justify the subpoena by claiming the federal Food, Drug, and Cosmetic Act (FDCA)’s prohibitions regarding the distribution and labeling of off-label drugs should be applied to the provision of gender-affirming care and standard communications between doctors and patients, but U.S. DOJ’s interpretation contradicts both statutory language and established legal precedent.
• Multiple courts have found that U.S. DOJ is pursuing these private medical records under the false pretense of investigating FDCA violations for the improper purpose of pressuring medical providers to end gender-affirming care programs.

In filing the brief, Attorney General Bonta joins the attorneys general of Washington, Massachusetts, Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Wisconsin.