The Trump administration has petitioned the Supreme Court to halt a federal judge’s order that prevents the Federal Bureau of Prisons (BOP) from implementing a recent policy change regarding healthcare for transgender inmates. The new policy, enacted in February 2026, reverses prior provisions by disallowing gender-transition surgeries, hormone therapy, and “social accommodations” for transgender inmates. This development follows President Donald Trump’s executive order in 2025 aimed at curtailing federal funds for gender-affirming care in prisons.
The BOP justified its policy shift through a comprehensive administrative record, asserting that earlier policies, which adhered to the World Professional Association for Transgender Health’s guidelines, were based on “unreliable” and “unpersuasive” standards. The BOP also cited concerns that gender-affirming care may lead to attacks on transgender inmates, fairness issues, and resentment among the prison population.
A legal challenge arose when three transgender inmates initiated a class action lawsuit in Washington, D.C. Senior U.S. District Judge Royce Lamberth issued a ruling on August 26 halting the policy’s implementation. Subsequently, a split panel of the U.S. Court of Appeals for the District of Columbia Circuit rejected the government’s plea to pause the order.
Acting on behalf of the Trump administration, U.S. Solicitor General D. John Sauer appealed to the Supreme Court, asserting that the district court inappropriately interfered with the BOP’s policy-making responsibilities, relied on evidence outside the administrative record, and undermined the agency’s adherence to presidential directives. Sauer emphasized that without a stay on Lamberth’s ruling, the government faces irreversible damage as it disrupts federal prison management and contradicts administrators’ expert judgment on facility operations.
For a detailed analysis, see Amy Howe’s report on SCOTUSblog.