The Supreme Court on Wednesday denied an emergency application from President Donald Trump's administration, effectively blocking new federal prison rules concerning transgender inmates. This decision leaves in place a lower court order that prevents the Federal Bureau of Prisons (BOP) from enforcing its recently adopted policy while a class-action lawsuit proceeds through the legal system. The Court's unsigned order was brief, stating simply that "the application for stay presented to The Chief Justice and by him referred to the Court is denied." Justices Clarence Thomas and Samuel Alito indicated they would have granted the administration's request.
"substitut[ed] its own policy judgment for that of the" BOP, "rel[ied] on evidence outside the administrative record, and fault[ed] the agency for following presidential directions," U.S. Solicitor General D. John Sauer.
The dispute centers on a comprehensive policy adopted by the Bureau of Prisons in February 2026. These rules significantly restrict three categories of care and accommodation for inmates who identify as transgender. Regarding hormone therapy, the policy bars inmates diagnosed with gender dysphoria from initiating treatment if they had not previously received hormones before entering prison. For those already on hormone therapy upon arrival, the policy mandates a tapering plan to gradually discontinue their medication.
Beyond medical treatment, the BOP policy also addresses "social accommodations." These are defined as items used to "alter the person’s appearance to align with the person’s ‘gender identity.’" The bureau's specific list includes items such as buttock padding, breast padding, binders, undergarments, makeup, and wigs. Under the new rules, inmates currently receiving such items would lose access to them, and the bureau would cease issuing any new accommodations of this nature. The policy additionally rules out gender-affirming surgeries for inmates. However, for individuals who had already undergone such procedures, the bureau stated it would continue to treat any complications, such as pelvic infections or urethral stricture.
This policy has the potential to affect a significant number of individuals within the federal correctional system. As of February 2025, the Bureau of Prisons reported that 2,198 inmates in federal custody identified as transgender.
The backdrop for this policy was set on President Donald Trump's first day back in office. He signed an executive order directing the Attorney General to "ensure that no Federal funds are expended for any medical procedure, treatment, or drug for the purpose of conforming an inmate’s appearance to that of the opposite sex." The Bureau of Prisons' policy followed just over a year later. Despite the timing, the bureau has stated that it adopted the 2026 policy "independently of" President Trump's executive order.
In response to the new rules, three inmates who identify as transgender filed a class-action lawsuit in federal court, challenging the policy's legality and implementation. Senior U.S. District Judge Royce Lamberth ruled on August 26 that the bureau could not implement the policy, issuing an injunction against its enforcement. This decision was subsequently upheld by the U.S. Court of Appeals for the District of Columbia Circuit.
The Trump administration then escalated the legal battle to the Supreme Court, filing an emergency application on September 28, seeking an immediate stay of the lower court's injunction. U.S. Solicitor General D. John Sauer argued before the justices that the district court had "substitut[ed] its own policy judgment for that of the" BOP, "rel[ied] on evidence outside the administrative record, and fault[ed] the agency for following presidential directions," according to SCOTUSblog.
The inmates, in their counter-filing, characterized the administration's request as an attempt "to overturn a three decades-long status quo." They further contended that the Bureau of Prisons had never provided a "reasoned explanation" for its decision to implement the new policy. The inmates also informed the Court that allowing the policy to proceed, even temporarily, would cause them permanent harm. The Bureau of Prisons historically has not provided elective cosmetic surgery to inmates unless an inmate claims to be transgender.
The Supreme Court's denial of the emergency application means that the lower court's block on the Bureau of Prisons' policy remains in effect. The legal proceedings challenging the policy's merits will continue in the federal courts, with the ultimate enforceability of the rules remaining subject to further judicial review. The Court's order provided no explanation for its decision, leaving observers to interpret the implications of the brief ruling.
