Compiled from reports by The Associated Press, The Washington Post and Reuters. See the original articles linked below.
The U.S. Supreme Court on Wednesday, October 21, 2026, declined to let the Trump administration immediately put into effect new restrictions on medical care for transgender people held in federal prisons. The Associated Press, Reuters and The Washington Post all reported that the order was short and gave no reasoning.
According to Reuters, the court turned down an emergency request from the Justice Department. The request sought to lift a lower-court order that keeps the Bureau of Prisons from carrying out the policy while a legal challenge goes forward. Reuters and the Washington Post both reported that Justices Clarence Thomas and Samuel Alito would have granted the administration's request.
What the policy covers
Reuters reported that the policy, issued in February, bars medical and surgical treatments as well as what it calls social accommodations, such as certain clothing and hair-removal devices. Psychiatric services would remain available. The AP said the policy would stop surgeries, taper hormone treatment and end accommodations including makeup and wigs, while mental health care would continue. The Washington Post, which was republished by the NZ Herald, reported that the Bureau of Prisons would replace the treatments with psychotherapy and group counselling.
The AP reported that the policy follows an executive order from President Donald Trump directing the bureau to revise its medical care rules. The Washington Post described the order as having been signed early in his second term.
The legal challenge
Three transgender inmates held in federal prisons in New Jersey, Florida and Minnesota brought a class action, Reuters reported. The American Civil Liberties Union is among those representing them. The Washington Post said the inmates filed suit in March 2025 and argued that the government skipped required administrative procedures and that ending care could cause serious medical harm.
Reuters reported that U.S. District Judge Royce Lamberth in Washington blocked the policy in June, finding it likely to be "arbitrary and capricious" under federal administrative law. The Washington Post gave an earlier timeline, saying the judge sided with the inmates in August 2025 and that the appeals court declined to pause the ruling a month later. Reuters reported that the D.C. Circuit refused to lift the block on September 18, while the AP said a divided appeals court panel left it in place. The AP noted that Lamberth is a Reagan appointee and that he wrote that untreated gender dysphoria can cause severe side effects.
Positions of the parties
The Washington Post reported that the Solicitor General argued the treatments are not supported by the latest medical science and raised security and prison-administration concerns. The AP said the administration cited security concerns, while the inmates' lawyers wrote that the government has not detailed evidence of security problems linked to hormone therapy, which they said prisons have provided for about 30 years. The AP cited court records showing about 600 inmates received hormone therapy in 2025.
An ACLU attorney, Aditi Shah, said in remarks reported by Reuters that the ruling would prevent serious and irreparable harm to the plaintiffs and the class. The Washington Post reported that the White House called the outcome a "loss for common sense", while Human Rights Campaign president Kelley Robinson welcomed it as protecting incarcerated transgender people "for now." Reuters said the Bureau of Prisons declined to comment.
Earlier cases
The AP and Reuters both noted that the Supreme Court has previously allowed other administration policies on transgender people to take effect, including restrictions on military service and on sex markers on passports. The AP added that the court has also upheld state laws limiting certain medical treatments and sports participation.
Sources
- Supreme Court rebuffs Trump administration restrictions on medical care for transgender inmates (The Associated Press, 2026-10-21)
- US Supreme Court allows gender transition care for federal prisoners - for now (The Washington Post, 2026-10-21)
- Supreme Court won't allow Trump administration restrictions on transgender inmates (Reuters, 2026-10-21)
This article was compiled with AI assistance from the reports listed above and reviewed by GMA before publishing.