A federal judge is weighing whether to block the Trump administration’s demand for records on transgender procedures performed on minors, after lawyers for two major medical groups argued Tuesday that the investigation is unconstitutional and politically motivated.
At issue is a Civil Investigative Demand issued by the Federal Trade Commission in January, targeting the Endocrine Society and the American Academy of Pediatrics. The FTC is investigating whether the groups made false or misleading claims in connection with “pediatric gender dysphoria treatments” and whether their practices amounted to consumer fraud.
Lawyers for both groups appeared before U.S. District Judge James Boasberg on Tuesday, Fox News reported, urging him to issue a preliminary injunction and shut down the federal probe before it could compel disclosure of patient records and internal communications.
“Unable to prevail in the marketplace of ideas, the FTC has resorted to burdening AAP with an intrusive and expensive investigation that is unconstitutional and outside the scope of the FTC’s statutory authority,” lawyers for the American Academy of Pediatrics told the court.
The medical groups argued the FTC action is retaliatory, targeting organizations that have publicly supported gender transition procedures for children. They said the demand falls outside the FTC’s consumer protection mandate and violates constitutional protections.
The Justice Department pushed back. DOJ attorney John Bailey told the court the FTC has clear authority to investigate potential consumer harm, including when medical treatments are involved, and argued Boasberg should let the administrative process run its course before intervening.
“My answer, respectfully, would be that you have to let this proceed within the typical agency administrative process,” Bailey said when Boasberg pressed him on whether the court had any power to narrow the scope of the demand.
Boasberg appeared skeptical of the administration’s position on reviewability. He adjourned without ruling from the bench but signaled he would move quickly on the matter.
The FTC investigation is part of a broader Trump administration effort to scrutinize and curtail transgender procedures for minors. Shortly after taking office, President Trump signed an executive order titled “Protecting Children from Chemical and Surgical Mutilation,” which cut off federal support for such procedures. The Department of Health and Human Services has also proposed stripping Medicare and Medicaid reimbursement from hospitals that perform “sex-rejecting procedures” on patients under 18.
Dozens of hospitals have already shuttered their pediatric gender transition programs in response to the funding threats, according to reports cited in court.
The FTC says it is acting to protect consumers from potential false advertising or deceptive practices. The medical groups say the investigation is a pretext to harass organizations that oppose the administration’s policies.
Medical equipment (Image from Catherine McQueen/Getty Images)
