Supreme Court Blocks President Trump’s Effort to End Taxpayer-Funded Transgender Treatments in Federal Prisons
The Supreme Court dealt President Trump a legal setback Wednesday, rejecting his administration’s emergency request to enforce restrictions on transgender medical treatments and accommodations for inmates in federal prisons.
The decision leaves a lower court injunction in place, preventing the Federal Bureau of Prisons from implementing a policy that would discontinue certain hormone treatments, surgeries and other accommodations associated with gender identity.
The administration had sought to restrict federal spending on treatments intended to alter inmates’ physical appearance to correspond with a gender identity different from their biological sex.
Justices Clarence Thomas and Samuel Alito indicated that they would have granted the administration’s request, but the Supreme Court declined to intervene while litigation continues.
The unsigned order offered no explanation for the decision, which is customary when the justices consider emergency applications.
The ruling does not permanently invalidate President Trump’s policy. Instead, it requires the Bureau of Prisons to continue operating under the existing court injunction while the underlying lawsuit proceeds.
The controversy began shortly after President Trump returned to the White House in January 2025.
On his first day in office, Trump signed an executive order directing federal agencies to recognize biological sex as male or female and revise policies involving gender identity.
The directive included provisions addressing the placement of inmates in federal correctional facilities and the use of taxpayer money for transgender-related medical procedures.
Trump instructed the Bureau of Prisons to stop spending federal funds on treatments intended to change an inmate’s appearance to that of the opposite sex.
The administration subsequently moved to revise longstanding prison medical policies, arguing that the federal government should prioritize conventional mental health treatment and prison security.
In February 2026, the Bureau of Prisons issued a policy that would discontinue gender-transition surgeries and hormone therapy for inmates diagnosed with gender dysphoria.
Prisoners already receiving hormone treatments could be placed on a gradual reduction schedule before the medication was discontinued.
The policy also eliminated certain accommodations, including wigs, makeup, breast padding, binders and other items associated with an inmate’s gender identity.
Mental health services, including psychotherapy and psychiatric medications, would remain available.
Federal officials defended the changes as necessary to maintain institutional security, establish consistent medical standards and address concerns about the administration of correctional facilities.
The Justice Department argued that prison administrators should have broad authority to determine which medical services are appropriate within federal institutions.
However, the proposed restrictions immediately encountered legal opposition.
Three transgender inmates incarcerated in New Jersey, Florida and Minnesota filed a class-action lawsuit challenging the administration’s policy.
The plaintiffs, represented by the American Civil Liberties Union and other legal organizations, argued that the changes would abruptly eliminate medical care previously recommended by prison healthcare professionals.
They maintained that discontinuing established treatments could cause serious physical and psychological consequences for affected prisoners.
Their lawsuit raised constitutional concerns under the Eighth Amendment, which prohibits cruel and unusual punishment, along with claims involving federal administrative law.
The dispute eventually reached U.S. District Judge Royce Lamberth, a federal judge appointed by President Ronald Reagan.
In June, Lamberth issued a preliminary injunction preventing the Bureau of Prisons from enforcing the new restrictions.
The judge concluded that the agency had not adequately justified its departure from medical practices that had been used for decades.
According to court records, the federal prison system has provided hormone therapy to inmates diagnosed with gender dysphoria since at least 1992.
Lamberth questioned why the Bureau of Prisons had reversed those practices without presenting sufficient evidence from its own medical personnel demonstrating that the treatments were ineffective or harmful.
The judge also determined that the agency had not adequately considered the consequences of discontinuing treatment for prisoners already receiving it.
His ruling focused primarily on whether the administration had complied with the Administrative Procedure Act, which requires federal agencies to provide legally sufficient explanations for major policy changes.
Lamberth concluded that the new restrictions were likely arbitrary and capricious under that law.
The administration strongly disputed his reasoning.
Solicitor General D. John Sauer argued that federal prison officials had appropriately evaluated the available information and determined that the treatments raised medical and institutional concerns.
The Justice Department maintained that the Bureau of Prisons was entitled to prioritize mental health services rather than continue interventions it considered medically disputed.
Government attorneys also warned that the lower court’s injunction improperly restricted the executive branch’s authority to manage federal correctional facilities.
The administration appealed to the U.S. Court of Appeals for the District of Columbia Circuit, seeking permission to implement the policy while litigation continued.
On September 18, a divided three-judge panel declined to lift Lamberth’s injunction.
The appeals court determined that the administration had not made a sufficiently strong showing that its policy would survive the legal challenge.
That decision prompted the Justice Department to seek emergency intervention from the Supreme Court.
Wednesday’s order represents the latest development in that legal dispute.
Although the Supreme Court currently has a six-to-three conservative majority, only Thomas and Alito publicly indicated that they would have granted the administration’s application.
The other justices did not provide individual explanations for their positions.
The decision contrasts with several previous Supreme Court actions involving transgender policies during President Trump’s second term.
The justices have allowed the administration to enforce restrictions on transgender military service and passport sex designations while related litigation proceeds.
The court has also upheld certain state restrictions involving medical treatment for transgender minors and participation in women’s sports.
The federal prison dispute presents a different legal question because it involves medical care for individuals already in government custody and the procedures federal agencies must follow when changing established policies.
The number of prisoners potentially affected has become another point of attention.
Government figures from 2025 indicated that more than 2,000 transgender inmates were housed in federal prisons or halfway houses.
Attorneys challenging the restrictions estimate that approximately 1,000 inmates could lose access to treatments or accommodations under the new policy.
Court records also indicate that approximately 600 federal inmates were receiving hormone therapy in 2025.
Those figures do not mean that every transgender inmate was receiving surgery or hormone treatment.
The Bureau of Prisons has not provided a comprehensive public estimate of the total cost of the services covered by the proposed restrictions.
The administration has emphasized its broader objective of limiting federal expenditures on gender-transition procedures and maintaining correctional policies based on biological sex.
Attorneys representing the inmates contend that the government must continue providing medically appropriate treatment to people in federal custody.
Following Wednesday’s decision, ACLU attorney Aditi Shah welcomed the court’s refusal to reinstate the restrictions.
She said the decision would prevent serious harm to affected inmates while their legal challenge continues.
The Bureau of Prisons declined to comment on the Supreme Court’s action.
The underlying lawsuit will now continue in the lower courts, where judges must determine whether the administration’s policy complies with federal law.
Wednesday’s decision does not resolve every constitutional question raised by the plaintiffs, nor does it prevent the administration from continuing to defend its position.
It does, however, mean that President Trump’s proposed restrictions cannot take effect under the current injunction.
For the White House, the ruling represents an obstacle to implementing one component of its broader federal policy changes involving transgender issues.
For federal prison officials, it means continuing to provide treatments and accommodations under the previous standards while the litigation moves forward.
The administration could ultimately seek another Supreme Court review after the lower courts reach a final decision.
Until then, the restrictions remain blocked, leaving the legal battle over taxpayer-funded transgender treatments in federal prisons unresolved.
