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In re: Rhode Island Hospital Subpoena — 1st Cir. (Oct 7, 2026)

No. 26-1568 Argued October 7, 2026 Published October 8, 2026

The First Circuit considers a Justice Department subpoena for Rhode Island Hospital's records of minors receiving gender-affirming care. The government says the records are needed to investigate possible healthcare fraud and unlawful drug marketing. After months of negotiations with the hospital, it obtained an order from a Texas federal court requiring compliance. The hospital and Rhode Island's Child Advocate then challenged the subpoena in Rhode Island. That judge quashed the subpoena—set it aside—finding that it exceeded the government's investigative authority and threatened children's privacy. The government appeals. Much of this argument concerns the conflict between those two courts. The government will argue that the Rhode Island challenge improperly undermines the earlier Texas enforcement order. The hospital and Child Advocate will argue that their challenge is distinct and that the Rhode Island ruling should stand.

In re: Rhode Island Hospital Subpoena (No. 26-1568) — U.S. Court of Appeals for the First Circuit, argued October 7, 2026.

Sources
Argument date and case listing — First Circuit:https://www.ca1.uscourts.gov/doar/results/2026-10
Case background and appealed ruling — corrected May 14, 2026 district order:https://www.govinfo.gov/content/pkg/USCOURTS-rid-1_26-mc-00007/pdf/USCOURTS-rid-1_26-mc-00007-1.pdf
Procedural conflict — May 19, 2026 interim appellate order (not a merits ruling):https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/26-1568O-01A.pdf

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