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Trump Administration Seeks Supreme Court Approval to Enforce New Transgender Inmate Care Policy
By Drooid · · How we work
Supreme Court Petition to Enforce Transgender Care Restrictions
On Monday, the Justice Department filed an emergency petition asking the U.S. Supreme Court to lift a preliminary injunction that requires the Federal Bureau of Prisons (BOP) to continue providing gender-affirming medical care to transgender inmates. The petition seeks to allow a BOP policy that would halt surgeries, hormone treatments for inmates not already on therapy, and “social accommodations” such as wigs, binders, and padding. The filing requests that the Court freeze the district court’s order while the underlying lawsuit proceeds. A response to the petition is due by 4 p.m. on October 8.
Legal Background and Prior Rulings
In June, U.S. District Judge Royce Lamberth, a Reagan appointee, issued a preliminary injunction blocking the BOP policy, concluding that gender-affirming care is the only effective treatment for gender dysphoria. Lamberth renewed the injunction on August 26, noting that such orders last 90 days under the Prison Litigation Reform Act. The D.C. Circuit Court of Appeals denied the Justice Department’s request for a stay on September 18, with a 2-1 vote; Judges Robert Wilkins and Brad Garcia formed the majority, while Judge Justin Walker dissented on procedural grounds.
Positions of the Justice Department and Opponents
Solicitor General D. The Justice Department contended that the policy reflects updated scientific understanding and security concerns within prisons.
Scope of the Policy and Affected Inmates
The BOP reported in 2025 that more than 600 federal inmates were receiving hormone therapy for gender dysphoria. Under the proposed rule, all surgeries, new hormone prescriptions, and the listed social accommodations would be prohibited, though mental-health counseling would remain available.
Pending Actions
The Supreme Court’s response is expected by the October 8 deadline. If the Court lifts the injunction, the BOP policy could take effect while the underlying case continues in the lower courts.