A Freedom of Information Act (FOIA) lawsuit has been filed against the Biden-Harris administration, seeking records about transgender surgeries for minors.

The following information is from Judicial Watch.

The watchdog group Judicial Watch is suing the U.S. Department of Health and Human Services (HHS) for communications involving Assistant Secretary Rachel Levine. The lawsuit centers on efforts to remove minimum age restrictions for transgender procedures, including hormone treatments and surgeries for minors as young as 14.

Judicial Watch President Tom Fitton criticized the administration for what he called “mutilating surgeries for minors.” The group claims political pressure was applied to the World Professional Association for Transgender Health (WPATH) to remove age limits from its guidelines, prioritizing political interests over scientific evidence.

Psychologist Dr. James Cantor, who provided expert testimony in a related case, echoed this claim, alleging that Assistant Secretary Levine influenced the changes for political reasons.

The lawsuit seeks to uncover the extent of the administration’s involvement in promoting controversial transgender surgeries for children.

You can read more about the Standards of Care for the Health of Transgender and Gender Diverse People, Version 8 here.

For background on related topics, see the New York Times report here.

Read the full Judicial Watch lawsuit here or below.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

JUDICIAL WATCH, INC.,
425 Third Street SW, Suite 800
Washington, DC 20024,
Plaintiff,
v.
U.S. DEPARTMENT OF HEALTH
AND HUMAN SERVICES,
200 Independence Avenue SW
Washington, DC 20201,
Defendant.

COMPLAINT

Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department of Health and Human Services to compel compliance with the Freedom of Information Act, 5 U.S.C. § 552 (“FOIA”). As grounds therefor, Plaintiff alleges as follows:

JURISDICTION AND VENUE

1. The Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1331.
2. Venue is proper in this district pursuant to 28 U.S.C. § 1391(e).

PARTIES

3. Plaintiff Judicial Watch, Inc. is a not-for-profit, educational organization incorporated under the laws of the District of Columbia and headquartered at 425 Third Street SW, Suite 800, Washington, DC 20024. Plaintiff seeks to promote transparency, integrity, and accountability in government and fidelity to the rule of law. As part of its mission, Plaintiff regularly requests records from federal agencies pursuant to FOIA. Plaintiff analyzes the agencies’ responses and disseminates both its findings and the requested records to the American public to inform them about “what their government is up to.”
4. Defendant U.S. Department of Health and Human Services (“HHS”) is an agency of the U.S. Government headquartered at 200 Independence Avenue SW, Washington, DC 20201. The U.S. Department of Health and Human Services has possession, custody, and control of records to which Plaintiff seeks access.

STATEMENT OF FACTS

5. On July 3, 2024, Plaintiff sent a FOIA request to HHS seeking access to the following:

“All records of communications sent to and from HHS assistant secretary Rachel Levine regarding the removal of minimum ages for the treatment of children in the World Professional Association for Transgender Health’s (wpath) 2022 standards of care. This includes but is not limited to communications with wpath, Walter Bouman, the World Health Organization (“WHO”), Dr. Jason Rafferty, Chase Strangio, Sarah Boateng, Amy Tishelman, and Dr. Eli Coleman. A reasonable search should include, but not be limited to, the search terms ‘2022 standards of care,’ ‘SOC-8,’ ‘minimum age,’ ‘transgender care,’ and ‘wpath.'”

The time frame was identified as “March 1, 2021, through October 31, 2022.” HHS subsequently assigned the request FOIA Request No. 2024-01585-FOIA-PHS.

6. As of the date of this Complaint, the State Department has failed to: (i) determine whether to comply with the request; (ii) notify Plaintiff of any such determination or the reasons therefor; (iii) advise Plaintiff of the right to appeal any adverse determination; or (iv) produce the requested records or otherwise demonstrate that the requested records are exempt from production.

COUNT I
(Violation of FOIA, 5 U.S.C. § 552)

7. Plaintiff realleges paragraphs 1 through 6 as if fully stated herein.
8. Defendant is in violation of FOIA.
9. Plaintiff is being irreparably harmed by reason of Defendant’s violation of FOIA, and Plaintiff will continue to be irreparably harmed unless Defendant is compelled to comply with the law.
10. Plaintiff has no adequate remedy at law.
11. To trigger FOIA’s administrative exhaustion requirement, Defendant HHS was required to make a final determination on Plaintiff’s request by August 1, 2024. Because Defendant failed to make a final determination on Plaintiff’s request within the time limits set by FOIA, Plaintiff is deemed to have exhausted its administrative appeal remedies.

WHEREFORE, Plaintiff respectfully requests that the Court:
(1) order Defendant to conduct searches for any and all records responsive to Plaintiff’s FOIA request and demonstrate that it employed search methods reasonably likely to lead to the discovery of records responsive to Plaintiff’s FOIA request;
(2) order Defendant to produce, by a date certain, any and all non-exempt records responsive to Plaintiff’s FOIA request and a Vaughn index of any responsive records withheld under claim of exemption;
(3) enjoin Defendant from continuing to withhold any and all non-exempt records responsive to Plaintiff’s FOIA request;
(4) grant Plaintiff an award of attorneys’ fees and other litigation costs reasonably incurred in this action pursuant to 5 U.S.C. § 552(a)(4)(E); and
(5) grant Plaintiff such other relief as the Court deems just and proper.

Dated: September 9, 2024