WASHINGTON — The Supreme Court on Oct. 21 denied the Trump administration and Federal Bureau of Prisons request to pause a lower-court order requiring the agency to continue gender-affirming medical care for transgender inmates while litigation continues.
The denial leaves in effect a preliminary injunction issued by a federal district court in Washington, D.C. The order bars enforcement of a Bureau of Prisons policy restricting that care and directs the agency to follow its policy in place before President Donald Trump’s executive order.
Trump issued the executive order in January 2025, prohibiting gender-affirming care for transgender people held in federal prisons. Three inmates, two transgender men and one transgender woman, filed a proposed class action in March 2025 challenging the restrictions.
The class represents about 1,000 transgender people in Bureau of Prisons custody. The plaintiffs are represented by the ACLU, ACLU of DC and Transgender Law Center.
A federal district court initially blocked the ban in June 2025. The Bureau of Prisons later issued Program Statement 5260.01 in February 2026, and the Washington, D.C., court issued another preliminary injunction on June 17, 2026. The U.S. Court of Appeals for the District of Columbia had also declined to grant the government’s request to halt the injunction.
Li Nowlin-Sohl said the ruling protects the plaintiffs and other transgender inmates during the case. Aditi Shah said the Bureau of Prisons cannot deny the disputed care while the government’s appeal remains pending.
Category: Constitution
Tags: Supreme Court, Donald Trump, Federal Bureau of Prisons, Health Care