Transgender inmates ask Supreme Court to keep block on federal prison health policy
Lawyers for transgender inmates asked the Supreme Court to keep in place a lower-court order that blocks the Bureau of Prisons from enforcing a 2026 policy restricting hormone treatments and appearance-related accommodations. The policy stemmed from a 2025 executive order and was supported by a lengthy administrative record. After a district judge barred enforcement and a divided D.C. Circuit refused to pause that ruling, the Trump administration sought emergency intervention from the justices.
The dispute concerns a Bureau of Prisons policy adopted in 2026 that would stop hormone therapy and social accommodations—makeup, wigs, padding—for transgender inmates. It followed a February 2025 measure implementing an executive order directing that federal funds not support procedures or drugs meant to alter an inmate’s appearance.
Three inmates sought to bring a class action in Washington, D.C. Judge Royce Lamberth blocked enforcement on Aug. 26; a divided D.C. Circuit declined to stay that ruling Sept. 18. The administration then sought emergency Supreme Court relief Sept. 28. The inmates’ Thursday filing says the agency record lacks evidence on prior care and relies on rationales they call contrived.
The outcome could affect transgender people in federal custody, who may face changes in access to hormone treatment and appearance-related accommodations. It may also shape how courts review prison healthcare decisions and executive directives, potentially influencing other agencies’ policies. A ruling either way could affect inmate safety, medical stability, and administrative burdens, while signaling how much deference courts give prison officials.