⚖ Oral Arguments, with Context

The First Circuit considers whether the Justice Department can compel Boston Children’s Hospital to turn over records about gender-affirming care for minors. In June 2025, the department served the hospital with an administrative subpoena seeking patient medical files, staff records, billing information, and communications with drug manufacturers. The department describes the demand as part of an investigation into possible healthcare offenses, particularly unlawful drug promotion. The hospital challenged the demand, arguing that it was intended to intimidate providers and patients and stop the care. A federal judge in Massachusetts quashed, or canceled, the subpoena, finding that it lacked a proper investigative purpose and was motivated by bad faith. The Justice Department appealed. This argument concerns the validity of the records demand, not a judgment that the hospital committed a healthcare offense. An administrative subpoena is an investigative demand issued under statutory authority; the recipient can ask a court to set it aside. Off-label prescribing means using an approved drug outside its approved labeling. Misbranding is a separate legal category that includes false or misleading drug labeling.

In re Administrative Subpoena No. 25-1431-019 (No. 25-2092) — U.S. Court of Appeals for the First Circuit, argued October 7, 2026.