The Trump administration requested on Monday, September 28, 2026, that the U.S. Supreme Court lift a lower court's block on a federal policy that restricts transgender inmates' access to medical treatments and social accommodations. The emergency appeal seeks to implement Bureau of Prisons (BOP) rules that would phase out hormone therapy for current recipients and end access to gender-affirming surgeries and items such as wigs or chest binders.
The legal challenge began last year after President Trump issued an executive order during his first day back in office, prohibiting federal funds from being used for medical procedures intended to conform an inmate's appearance to that of the opposite sex. The BOP subsequently issued a formal policy in February 2026, which the agency stated was independent of the executive order, though U.S. District Judge Royce Lamberth ruled the policy appeared to be "reverse engineered" to fulfill the president's directive.
Solicitor General D. John Sauer argued in the filing that the district court's order causes "irreparable harm" by nullifying the BOP's authority to maintain institutional security. The U.S. Court of Appeals for the D.C. Circuit previously declined to lift the block in a 2-1 vote on September 18, noting that the BOP had made security claims without addressing whether specific issues had occurred under the prior policy. The administration countered that the ruling was a "perfunctory determination" that ignored procedural limits on inmate lawsuits.
For the Bureau of Prisons, the case tests the extent of the agency's discretion to define "necessary" medical care and security protocols within federal facilities. If the Supreme Court grants the administration's request, the BOP would be permitted to stop funding these treatments immediately while the underlying lawsuit continues. The administration argues this is a matter of managing government costs and institutional order, while the challenging inmates argue the policy violates their right to medical care and is motivated by animosity toward transgender people.
The request has been submitted to Chief Justice John Roberts, who oversees emergency matters from the D.C. Circuit. This filing represents the 41st time the Trump administration has used the Supreme Court's emergency docket to challenge lower court blocks on its policies. Roberts may choose to act on the request himself or refer the matter to the full court for a vote. No specific deadline for a ruling has been set, but the court typically handles emergency applications within days or weeks.