DOJ Blocks Rachel Levine From Being Exposed By Discovery In Alabama's Law On Banning Sex Changes For Minors Litigation

 September 2, 2023

Department of Health and Human Services (HHS) Assistant Secretary Rachel Levine, has pushed back against laws and bills targeting sex reassignment treatments for kids. Reportedly, Levine praised a gender clinic, which not only advocates for biological sex revisionism, including referring to mothers as "egg-producers," but offers hormones to minors. In fact, the Department of Justice (DOJ) claimed the law "denies necessary medical care to children based solely on who they are," and was therefore discriminatory against trans-identified youth.

Alabama's attorney general, Steve Marshall, is defending litigation, against an Alabama law that made it a felony, punishable by up to 10 years in prison, to prescribe puberty blockers or hormones to transgender children for a sex change. The DOJ asked to be a party in the suit against the Alabama law.

As a party in the lawsuit, The DOJ custodian (person testifying) can be subject to discovery. Discovery is a procedure during litigation in which parties present and request evidence before trial. At that point the DOJ intervened to protect Levine. They essentially shielded her, from discovery in the Alabama litigation relating to its ban on transgender sex change procedures for minors.

Marshall had requested Levine's records, believing she is one of the primary voices in the federal government, and relevantly in the Health and Human Services Department, who is advocating for sex changes in children with gender dysphoria. However Merrick Garland, stepped in protect her from participating, or being subject to exposure of her opinions by the discovery process. The AG said in a court filing-

-DOJ Court Filing

"It is not hyperbole to say that Admiral Levine is the leading public-facing official in the United States government when it comes to transitioning treatments for minors," [ mentioning how Levine] "routinely endorses puberty blockers and cross-sex hormones" for minors, lectures physicians discussing the treatments, and oversees the division at HHS that published the federal guidance endorsing sex changes for minors.”… "So if one were putting together a list of potential custodians at HHS concerning transitioning treatment for minors, Levine would be at the top. Levine obviously has communications and documents relevant to this litigation. Yet when Defendants requested that Levine be made a custodian, the United States refused,"

-DOJ Court Filing

Trying to block the request, they offered Levine's former subordinate instead for discovery, and a FOIA response with unrelated search terms, according to the filing. Reportedly, it also stated-

"The United States protested that Admiral Levine, as Assistant Secretary for Health, ‘is not herself conducting studies related to gender-affirming care nor is she employed at HHS as a researcher,’" …"Then, even more oddly, the United States said that rather than make Levine a custodian, it would send Defendants a copy of its responses to an unrelated third-party FOIA request seeking different information using different search terms over a different timespan related to Levine's office."

-DOJ Court Filing

It would seem the DOJ only wishes to be transparent - if the subject matter and defense to be made, is something they can support. This further demonstrates their inability to be without partisan action. That they would essentially exempt Levine from participation in favor of others without a history of her particular level of expertise – it very telling. No full disclosure there to be sure.

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-Richard M Nixon
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