Supreme Court Won't Let Trump Enforce Transgender Inmate Policy for Now
The Supreme Court on Wednesday refused to let the Trump administration immediately enforce a new policy restricting medical care for transgender people in federal prisons, handing the administration a rare loss on the issue.
The court's brief, unsigned order leaves in place a lower court ruling that blocks the policy while a lawsuit moves forward, SCOTUSblog reported. The justices did not explain their reasoning, and no separate written opinions were issued.
Justices Samuel Alito and Clarence Thomas said they would have granted the administration's request.
What the Policy Would Do
The Federal Bureau of Prisons adopted the policy in February. It would halt gender transition surgeries, taper inmates off hormone therapy and end what the agency calls "social accommodations," such as makeup and wigs, The Associated Press reported. Mental health services would continue.
The policy follows an executive order Trump signed on his first day back in office. That order directs the attorney general to make sure no federal money is spent on any medical procedure, treatment or drug meant to conform an inmate's appearance to that of the opposite sex.
The Bureau of Prisons said it adopted the policy independently of that order. In a 43-page memo, it cited "the latest scientific information" and called the standards of the World Professional Association for Transgender Health "unreliable" and "unpersuasive."
About 600 inmates received hormone therapy in 2025, according to agency court records. Those inmates would have been affected if the policy had been allowed to take effect while the legal fight plays out.
How the Case Got Here
The case, known as Trump v. Kingdom, is a class-action lawsuit brought by three transgender inmates on behalf of others in federal custody. In August, Senior U.S. District Judge Royce Lamberth in Washington, D.C., a Reagan appointee, blocked the Bureau of Prisons from putting the policy into effect.
Lamberth ordered treatment to continue, pointing to risks of depression and anxiety from untreated gender dysphoria. A little over three weeks later, a divided panel of the U.S. Court of Appeals for the D.C. Circuit refused to put his order on hold.
The administration then asked the Supreme Court to step in, filing its emergency request on Sept. 28. Solicitor General D. John Sauer argued that the lower court had wrongly substituted its own policy judgment for that of the Bureau of Prisons. The administration has also argued that the treatments raise security concerns and "could no longer be justified."
What Inmates' Lawyers Argued
Lawyers for the inmates argued that the Bureau of Prisons gave no "reasoned explanation" for the new policy. They warned that cutting off care could seriously harm inmates' bodies and mental health.
They also said the government had not provided detailed evidence of security problems tied to hormone therapy, which federal prisons have offered for about 30 years.
The Supreme Court's order means the lower court's block stays in place while the lawsuit continues.
A Rare Setback for the Administration
The decision stands out because the Supreme Court has often sided with the Trump administration on emergency requests, including recently letting it use Social Security data to search for noncitizen voters.
The court has also let other policies affecting transgender people take effect for now, including restrictions on military service and rules on sex markers on passports.
Its conservative majority has upheld state laws banning certain medical treatments for transgender youth. The court has also taken up the debate over transgender athletes in women's sports.
Wednesday's order is not a final ruling on the policy itself. The case will continue in the lower courts, and the issue could return to the Supreme Court later.
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