Trump Admin Asks Supreme Court to Restore Ban on Transgender Inmate Care
On Sept. 28, 2026, Trump administration asked Supreme Court to lift injunction on transgender inmate care.
Why it matters: The Supreme Court's potential intervention underscores ongoing legal challenges over transgender rights in prison healthcare, with implications for incarcerated individuals' civil rights.
- On Sept. 28, 2026, the Department of Justice petitioned the Supreme Court to lift a June injunction blocking the Bureau of Prisons' policy restricted gender-affirming care.
- The Bureau of Prisons policy, effective Feb. 2026, prohibits medical and surgical gender-affirming treatments but continues to allow mental health services.
- U.S. District Judge Royce Lamberth enjoined the policy, requiring continued gender-affirming care for transgender inmates.
- More than 600 inmates received hormone therapy through the Bureau of Prisons in 2025, before the policy took effect.
On September 28, 2026, the U.S. Department of Justice filed a petition with the Supreme Court seeking to lift a federal injunction blocking the Bureau of Prisons' policy restricting gender-affirming care for transgender inmates. The DOJ argued that prison officials possess medical and security expertise and that there is no evidence gender-affirming care compromises prison security. The court filing represents the latest legal step in a dispute over transgender inmates’ healthcare rights.
The Bureau of Prisons announced its policy in February 2026, banning medical and surgical treatments for gender dysphoria, including hormone therapy and sex-trait-modifying surgeries, as well as social accommodations like wigs and chest binders. However, the policy allowed continued access to mental health services related to gender dysphoria. In 2025, before this policy, the Bureau provided hormone therapy to more than 600 inmates. Solicitor General D. John Sauer stated, "The Bureau of Prisons determined that sex-trait-modification surgeries, hormone interventions in general, and social accommodations could no longer be justified as treatment for gender dysphoria."
In June 2026, U.S. District Judge Royce Lamberth issued an injunction prohibiting enforcement of the policy, ordering the government to continue providing gender-affirming care to transgender inmates. The D.C. Circuit Court declined to stay the injunction, prompting the DOJ's emergency request to the Supreme Court.
Advocates including the American Civil Liberties Union have condemned the policy, arguing that withholding gender-affirming healthcare constitutes cruel and unusual punishment under the Eighth Amendment. The San Francisco Chronicle reports these developments are part of broader federal actions restricting transgender medical care across sectors.
By the numbers:
- 600+ inmates received hormone therapy in 2025 — prior to the Bureau of Prisons policy change
- February 2026 — Bureau of Prisons policy banning medical and surgical gender-affirming treatments took effect
- June 2026 — U.S. District Judge Lamberth enjoined the policy, requiring continued gender-affirming care
Yes, but: The DOJ argues that prison officials’ medical and security judgments warrant deference, noting no demonstrated security threats from gender-affirming care.
What's next: The Supreme Court's decision whether to lift the injunction could set a major precedent for transgender healthcare rights in prisons.