Justice Department Uses Texas Court to Secure Transgender Medical Records

The United States Department of Justice has increasingly filed cases in the Northern District of Texas to secure favorable rulings from conservative judges, a practice Rhode Island Federal District Court Judge Mary McElroy described as "dirty pool." This strategy allows the administration to bypass judges in other districts who have rejected its legal demands.

In a primary instance, the Justice Department sought internal medical records of transgender children from Rhode Island Hospital. After facing rejections in multiple cities, the administration filed in Texas, where Chief Judge Reed O’Connor granted the subpoena. Judge McElroy previously quashed these subpoenas, characterizing the administration's efforts as a "crusade" to obtain the children's records.

The Northern District of Texas utilizes an unusual case-assignment system that enables litigants to effectively choose their judge by filing in specific courthouses. While the Judicial Conference of the United States recommended random assignment for major federal policy cases to deter judge shopping, the Northern District of Texas has declined to adopt these guidelines.