Supreme Court won’t let Trump restrict gender-affirming care for transgender inmates

Advocates for the inmates said the Trump administration overrode medical providers’ clinical judgment to cut off gender-affirming care for around 1,000 people.WASHINGTON (CN) — The Supreme Court rejected on Wednesday President Donald Trump’s request to restrict gender-affirming health care for transgender people in federal prisons.A lower court blocked the Federal Bureau of Prisons from enforcing a 2026 policy restricting gender-affirming health care, including hormone treatment, social accommodations and surgery, for transgender inmates, in part because the administration lacked evidence that such treatments had previously caused security concerns.But the Bureau of Prisons says the court should have deferred to its experience and expertise in finding that security and prison administration concerns independently justified the 2026 policy, which departed from prior rules permitting such treatments.In an apparent 7-2 vote, the Supreme Court disagreed, denying the government’s emergency application. The court did not explain its ruling. Justice Clarence Thomas, a George H.W. Bush appointee, and Justice Samuel Alito, a George W. Bush appointee, dissented.Upon retaking office in January 2025, Trump issued an anti-transgender executive order claiming to restore “biological truth to the federal government.” The Bureau of Prisons subsequently issued a memorandum prohibiting requests for undergarments that do not align with an inmate’s sex assigned at birth and barring funds for any medical procedure, treatment or drug intended to make an inmate’s appearance conform to a gender identity that does not align with their sex assigned at birth.The government argued, however, that the bureau’s 2026 policy was not an extension of changes made to comply with Trump’s 2025 executive order, but reflected the agency’s independent judgment.The lower court rejected that argument, finding the 2026 policy was reverse-engineered to implement the executive order, and ordered it put on hold while litigation continued.The Trump administration asked the Supreme Court to stay that ruling, arguing transgender inmates would not be harmed by the withdrawal of gender-affirming treatments. The government claimed hormone interventions and social accommodations were “not medically necessary” to treat gender dysphoria.Advocates for the inmates said the bureau overrode its own medical providers’ clinical judgment and mandated a halt to treatment for almost 1,000 people in its custody. The ACLU urged the justices to deny Trump’s request, noting that it would overturn a three-decades-long status quo.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads