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Trump Administration Asks Supreme Court to Permit Restrictions on Transgender Inmate Care

ENTHMSVIIDZHZH-TWJAKOHI
Sep 28, 20262 min read
Trump Administration Asks Supreme Court to Permit Restrictions on Transgender Inmate Care

Summary

The Justice Department has filed an emergency request with the U.S. Supreme Court to lift a lower court's injunction and allow the enforcement of a policy restricting gender-affirming care in federal prisons.

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Background

The Trump administration on Monday asked the U.S. Supreme Court to intervene in a legal dispute and permit the enforcement of a policy that restricts gender-affirming medical care for transgender inmates in federal prisons. The emergency request seeks to lift a lower court injunction that has blocked the controversial measure while it is being challenged.

Details of the Policy

The policy at issue was issued by the Federal Bureau of Prisons (BOP) in February. It prohibits most medical and surgical treatments for inmates with gender dysphoria, a clinical diagnosis for distress caused by a conflict between a person's gender identity and their sex assigned at birth. The rules would also bar "social accommodations," including items that could be used to alter an individual's appearance to align with their gender identity, while still allowing for psychiatric services.

This measure represents a reversal of prior BOP procedures, which allowed for gender-affirming treatments when clinically indicated. The policy change prompted a class-action lawsuit by three transgender inmates, which led to the court-ordered block on its enforcement.

Legal Path to the High Court

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In June, U.S. District Judge Royce Lamberth blocked the policy, calling it likely "arbitrary and capricious" and a violation of federal law governing agency procedures. Judge Lamberth wrote that the BOP appeared to have "reverse engineered" the measure to implement a broader executive order from the president.

The administration's attempt to overturn that decision was rejected by the U.S. Court of Appeals for the D.C. Circuit on September 18, prompting the escalation to the Supreme Court. In its filing, the Justice Department argued that the BOP should be allowed to enforce its "decision to prioritize mental-health treatment, while discontinuing medically disputed and unproven sex-rejecting interventions."

Broader Context

The legal battle is part of a wider administration effort to reshape federal policy on transgender rights, which began with an executive order in January 2025. The Supreme Court, which holds a 6-3 conservative majority, has previously sided with states and the administration in cases concerning transgender rights related to military service, youth medical care, and participation in school sports.

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