On January 23, 2026, Democracy Forward filed an amicus brief on behalf of the American Academy of Pediatrics in a lawsuit challenging an administrative subpoena served by the U.S. Department of Justice (DOJ) to QueerDoc, a telehealth provider of gender-affirming care, demanding extensive internal documents and confidential patient records as part of a purported investigation into federal healthcare offenses. QueerDoc moved to quash the subpoena as overly broad and lacking a legitimate investigative purpose. The U.S. District Court for the Western District of Washington granted QueerDoc’s motion. DOJ has appealed the court’s decision.
The brief was filed in support of QueerDoc and asks the court to affirm the lower court’s decision. The brief argues that the off-label use of medications, including in pediatrics, that the DOJ is attempting to challenge, is lawful, common, and clinically appropriate when supported by evidence and professional judgment. Evidence, not label indication, remains the gold standard for making therapeutic decisions for patients. Off-label drug use is common in gender-affirming care because many medications were not initially approved by the FDA for the specific purpose of treating gender dysphoria in adolescents, but gender-affirming care for adolescents is both evidence-based and medically necessary.
Additionally, the brief argues that broad subpoenas of medical records – particularly those inquiring into common medical practices such as off-label prescribing – threaten patient privacy, will chill access to care, and may lessen the quality of that care. Confidentiality is a core component of the relationship between a physician, a patient, and their family, and, without this, some may seek care elsewhere, harming their ability to get necessary care, and others may not seek care at all.
Timeline
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Amicus brief was filed
