Judges Doubt Hospital's Due Process Claim in Subpoena Fight
Two Fifth Circuit judges questioned whether Rhode Island Hospital was denied due process in its effort to quash a Justice Department subpoena.
Updated on Nov. 4, 2026 in Law
At oral argument Wednesday, two Fifth Circuit judges expressed doubt that Rhode Island Hospital was denied due process in a dispute over Justice Department records demands. The hospital had moved to quash an administrative subpoena seeking records on minors' gender-affirming care in federal court in Rhode Island.
Why it matters
The case tests how far federal administrative subpoenas can reach sensitive medical records of minors, and which court can hear challenges to them. The outcome could shape how hospitals across the country respond to Justice Department demands for patient information.
Two Fifth Circuit judges, Kyle Duncan and Kurt Engelhardt, both appointed during President Donald Trump's first term, questioned the hospital's due process claim at oral argument. The panel has not yet issued a decision.
The players
Rhode Island Hospital
A hospital in Providence, Rhode Island, that moved to quash the Justice Department subpoena seeking records on minors' gender-affirming care.
Kyle Duncan
A judge on the U.S. Court of Appeals for the Fifth Circuit who was appointed during President Donald Trump's first term.
Kurt Engelhardt
A judge on the U.S. Court of Appeals for the Fifth Circuit who was appointed during President Donald Trump's first term.
The details
Rhode Island Hospital moved to quash a Justice Department administrative subpoena in Rhode Island federal court. Separately, the U.S. District Court for the Northern District of Texas issued an order enforcing the same subpoena, which seeks records on minors' gender-affirming care.
Timeline
Wednesday: Fifth Circuit panel expressed doubt at oral argument.
Legal Context
The dispute turns on the Justice Department's use of administrative subpoenas to obtain medical records from providers, with the enforcement order and the motion to quash landing in two different federal courts. Whether Rhode Island or Texas is the proper forum for that challenge is part of the question before the appellate panel.
For health care providers and families, the ruling will determine whether federal investigators can compel release of records on minors' gender-affirming care. The outcome may affect how much confidential patient information hospitals must turn over when a subpoena is enforced.
The takeaway
Procedural questions about where a subpoena can be challenged often decide these cases before the substance is reached. Readers following healthcare privacy should watch whether the Fifth Circuit reaches the due process question or resolves the dispute on forum grounds.
Further reading
For more background on how these cases move through the courts, see Law coverage.
Source note: This article includes information reported by Bloomberglaw.
