Supreme Court Asked to Block Transgender Inmate Surgery Ban

The Trump Administration's Request

The Trump administration has asked the Supreme Court to block a lower court's order barring a new regulation for federal prisons, which would stop providing inmates with transgender surgeries and procedures. The story was first reported by scotusblog.com.

This request comes after a divided panel of the U.S. Court of Appeals for the District of Columbia Circuit turned down the government's request to pause the lower court's order. The lower court's order was issued in response to a lawsuit filed by the American Civil Liberties Union (ACLU) on behalf of a transgender inmate, who argued that the new policy would cause them 'irreparable harm' by denying them access to necessary medical care.

The Policy in Question

The new policy, adopted in February 2026, would prohibit transgender inmates from obtaining gender-transition surgeries, hormone therapy, and 'social accommodations' such as makeup, wigs, and padding. This policy was adopted in response to an executive order signed by President Donald Trump in 2025, which instructed the attorney general to 'ensure that no Federal funds are expended for any medical procedure, treatment, or drug for the purpose of conforming an inmate's appearance to that of the opposite sex.'

The policy has been widely criticized by LGBTQ+ advocacy groups, who argue that it is a clear attempt to discriminate against transgender inmates. In a statement, the ACLU said that the policy 'is a cruel and inhumane attempt to erase the identities of transgender people in federal prisons.'

The Background

The policy was adopted in response to an executive order signed by President Donald Trump in 2025, which instructed the attorney general to 'ensure that no Federal funds are expended for any medical procedure, treatment, or drug for the purpose of conforming an inmate's appearance to that of the opposite sex.'

This executive order was part of a broader effort by the Trump administration to roll back LGBTQ+ rights and protections. In 2024, the administration rescinded an Obama-era policy that allowed transgender students to use the bathroom that corresponds with their gender identity. The administration also attempted to ban transgender individuals from serving in the military.

The Court's Ruling

A divided panel of the U.S. Court of Appeals for the District of Columbia Circuit turned down the government's request to pause the lower court's order. The court's decision was based on the argument that the government had failed to provide sufficient evidence to support the new policy.

The Solicitor General's Argument

U.S. Solicitor General D. John Sauer argued that the district court 'substitute[d] its own policy judgment for that of the' BOP, 'rel[ied] on evidence outside the administrative record, and fault[ed] the agency for following presidential directions.'

The Next Step

The Supreme Court will now weigh in on the matter, with a decision expected in the coming weeks. The court's decision will have significant implications for transgender inmates and the Federal Bureau of Prisons. If the court upholds the lower court's order, it could set a precedent for other federal prisons to adopt similar policies. On the other hand, if the court blocks the lower court's order, it could pave the way for the Trump administration's policy to be implemented nationwide.