Thomas, Alito Break Ranks As SCOTUS Keeps Block on Trump's Federal Prison Transgender Policy

The Trump administration suffered another setback at the Supreme Court on Wednesday, as the justices declined to lift a lower court order blocking restrictions on gender-transition-related medical treatment and accommodations for federal prison inmates.

In a brief order, the High Court denied the administration's emergency application for a stay in Trump v. Kingdom, leaving the restrictions on hold while the legal battle continues.

Justices Clarence Thomas and Samuel Alito indicated they would have granted the stay. The remaining justices offered no explanation for declining to intervene.

How We Got Here

The dispute stems from an executive order President Trump signed on his first day back in office in January 2025, directing the Federal Bureau of Prisons (BOP) to stop using federal funds for certain gender-transition-related treatments for inmates.

Three inmates diagnosed with gender dysphoria challenged the policy, and a federal judge in Washington, D.C. (Royce Lamberth) issued a preliminary injunction blocking restrictions on hormone therapy and certain accommodations, such as clothing and personal items.

Rather than immediately appealing that initial injunction, BOP returned to the drawing board.

In February 2026, the agency issued a revised policy, accompanied by a lengthy explanation and thousands of pages of supporting materials. The new policy generally prohibited gender-transition-related surgeries, barred inmates from beginning hormone therapy for gender dysphoria, and called for individualized plans to discontinue existing hormone treatment. It also eliminated certain accommodations related to inmates' appearance.

BOP maintained that the changes reflected its assessment of medical evidence, as well as security and administrative concerns unique to the prison setting. But the district court wasn't persuaded. 

In June, Lamberth (Reagan) concluded that the revised policy was likely unlawful under the Administrative Procedure Act (APA), which requires federal agencies to provide reasonable explanations for their decisions. Lamberth's decision faulted BOP for failing to adequately consider its own experience under the previous policy, questioned the agency's justification for the changes, and concluded that the revised policy appeared designed to implement Trump's executive order rather than reflect independent agency judgment.

Lamberth subsequently renewed the injunction in August, blocking implementation of the revised policy for a nationwide class of federal inmates diagnosed with gender dysphoria.

A divided D.C. Circuit Court of Appeals panel then declined to put that injunction on hold in September, prompting the administration to seek emergency relief from the Supreme Court.

So, What Does This Mean?

The administration argued that the district court improperly substituted its judgment for that of federal prison officials, who are generally afforded considerable discretion in managing correctional facilities.

The DOJ also raised a separate objection under the Prison Litigation Reform Act, which limits how broadly federal courts may intervene in prison operations. In particular, the government argued that the injunction went further than necessary by blocking restrictions on surgeries even though the inmates' requests for preliminary relief focused on hormone therapy and accommodations.

The Supreme Court's denial leaves the injunction in place for now, but it doesn't resolve those questions. The Court did not rule on whether BOP's revised policy is lawful, whether the district court exceeded its authority, or whether the restrictions ultimately may be implemented.

And because the litigation involves preliminary relief subject to special statutory limitations, further proceedings could affect how long the current restrictions remain blocked.

For now, though, the administration remains unable to enforce its revised policy against the covered inmates. This, of course, is one we'll continue to follow.

Editor's Note: Unelected federal judges are obstructing President Trump's agenda and ignoring the will of the people.

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