Pam Bondi — Attorney General of the United States
Status: 🔴 Author of the April 2025 memo that formed the legal predicate for the DOJ’s nationwide campaign to subpoena transgender youth medical records.
Overview
Pam Bondi served as the Attorney General of the United States under the Trump administration. On April 22, 2025, she issued a memo specifically targeting off-label prescribing of drugs used for “gender transition” in children — a memo that formed the legal predicate for the DOJ Civil Division’s nationwide campaign of administrative subpoenas seeking transgender youth medical records.
Her memo operationalized the legal theory that off-label prescribing of FDA-approved medications by licensed physicians constitutes felony misbranding under the Food, Drug, and Cosmetic Act — a theory that every federal court to consider it on the merits has since rejected.
Key Actions
April 22, 2025 Memo
The Bondi memo directed DOJ attorneys to pursue investigations into off-label prescribing of puberty blockers and hormones for transgender minors under the FDCA’s misbranding provisions. This memo:
- Targeted “the use of puberty blockers, cross-sex hormones, and surgical interventions for the purpose of gender transition in minors”
- Characterized such prescribing as falling within the FDCA’s prohibition on misbranding
- Authorized administrative subpoenas under 18 U.S.C. § 3486 to obtain patient medical records
Implementation by the Civil Division
Following the memo, the DOJ Civil Division’s Enforcement & Affirmative Litigation Branch (EALB) issued over 20 administrative subpoenas to hospitals and healthcare providers nationwide in July 2025, seeking medical records of transgender youth.
Prior Career
Before serving as U.S. Attorney General, Bondi served as Florida’s Attorney General from 2011 to 2019. She is known for her conservative positions and was a prominent surrogate for Donald Trump.
Legal Rejection
The legal theory Bondi’s memo relied upon has been comprehensively rejected by the federal judiciary:
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District of Rhode Island (May 2026): Judge McElroy found the theory “not legally cognizable” and that the subpoena was issued for “an improper purpose in bad faith.”
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First Circuit precedent: In United States v. Facteau, 89 F.4th 1 (1st Cir. 2023), the First Circuit held that “medical professionals may lawfully prescribe and administer” drugs for off-label uses.
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DOJ’s own Office of Legal Counsel has concluded that physicians may lawfully prescribe FDA-approved drugs for unapproved uses.
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Seven federal courts have found these subpoenas were issued for an improper purpose.
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Section 396 of the FDCA expressly provides that nothing in the chapter shall be construed to limit or interfere with the authority of healthcare practitioners to prescribe or administer legally marketed devices.
Significance
Bondi’s memo represents the highest-level policy directive driving the DOJ’s campaign against transgender healthcare. By personally authorizing the theory that off-label prescribing constitutes felony misbranding, she set in motion a nationwide investigation that:
- Targeted the most vulnerable patient population — transgender youth
- Relied on a legal theory contrary to First Circuit precedent and the DOJ’s own OLC interpretations
- Required the disclosure of deeply private medical information, including names, diagnoses, and Social Security numbers
- Was found by multiple courts to have been pursued in bad faith
Her memo has been cited in multiple court proceedings as evidence that the subpoena campaign was motivated by policy opposition to transgender healthcare rather than legitimate law enforcement objectives.
See Also
- Lisa K. Hsiao — Acting Director, Enforcement & Affirmative Litigation Branch
- Brett A. Shumate — Assistant Attorney General, Civil Division
- Mary S. McElroy — U.S. District Judge, District of Rhode Island
- Enforcement & Affirmative Litigation Branch (EALB) — DOJ unit executing the subpoena campaign
Sources
- In re: Admin. Subpoena 25-1431-032 to RI Hospital – Full Ruling (PDF) — Judge McElroy’s May 13, 2026 ruling
- DOJ Press Release — 20+ Subpoenas (July 2025)
- United States v. Facteau, 89 F.4th 1 (1st Cir. 2023)
- FDA — Understanding Unapproved Use of Approved Drugs “Off Label”
- Steven A. Engel, Whether the Food & Drug Administration Has Jurisdiction Over Articles Intended for Use in Lawful Executions, 43 Op. O.L.C. 81, 85 (2019)
- In re Subp. No. 25-1431-014, 810 F. Supp. 3d 555 (E.D. Pa. 2025)
- QueerDoc, PLLC v. U.S. Dept. of J., 807 F. Supp. 3d 1295 (W.D. Wash. 2025)
Related Pages
- Lisa K. Hsiao — Acting Director of EALB
- Brett A. Shumate — Assistant Attorney General, Civil Division
- Mary S. McElroy — US District Judge, D.R.I., quashed the Rhode Island subpoena
- Pam Bondi — Attorney General, issued April 22, 2025 memo targeting trans youth healthcare
- Enforcement & Affirmative Litigation Branch (EALB) — DOJ Civil Division branch executing the subpoena campaign
- DOJ Subpoenas for Transgender Healthcare Records — Overview of the nationwide campaign