Rachel Levine Asked To Produce Emails After DOJ Fails To Shield Official From Discovery


Sarah Wilder Social Issues Reporter
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Admiral Rachel Levine, United States Assistant Secretary for Health, must produce emails for discovery as part of ongoing litigation over an Alabama law prohibiting sex changes for minors.

Plaintiffs are suing the state of Alabama over its restrictions of child sex changes for those under 19-years-old. The World Professional Association for Transgender Health (WPATH) is also under discovery in the case, due to their guidelines for transgender youth being repeatedly referenced by plaintiffs in the case. The group is stonewalling efforts at transparency.

Defendants in the case requested the documents of Levine after the Justice Department filed a complaint challenging the Alabama law in April 2022. The DOJ did not comply with the plaintiff’s request, offering the emails of a subordinate to Levine. The DOJ said it did so to “combat discrimination based on gender identity, including unlawful restrictions on medical care for transgender youth.” (RELATED: Drag Queen Advocate Twerks In Courtroom During Testimony On Law Banning Drag For Kids)

Instead of complying with the AG’s request for discovery, the DOJ offered the emails of a subordinate to Levine, despite having already pulled the emails requested, according to the filing. The AG requested the district court compel the release of Levine’s emails.

“[T]he Court finds that Admiral Levine’s emails are relevant and Defendants’ request to designate her as an HHS document custodian is proportional to the needs of the case,” a November 17 court order said. “Given that Admiral Levine is a public official, the Court rests this finding in part on the parties’ representation that the production would neither interfere with her official duties nor burden her personally.”

Attorney General of Alabama Steve Marshall defended his request for Levine’s correspondence for discovery in an August 25 court filing. Marshall requested Levine’s correspondence due to Levine’s position as a vocal and powerful advocate for child sex changes.

“Yet the United States refuses to designate Admiral Rachel Levine, who has taken the lead for the federal government on gender transition issues, even though it does not dispute the relevance of Levine’s communications,” the AG says in the filing.