Supreme Court Asked to Allow Pause on Transgender Prison Care During Appeal
The Trump administration asked the U.S. Supreme Court on Sept. 28, 2026, to let federal prisons withhold gender-affirming care from transgender inmates while litigation continues. The Guardian The emergency request was filed by Solicitor General D. John Sauer. The Court called for a response from lawyers for the transgender prisoners by Oct. 8.
What the government wants
The application seeks a stay, a temporary order that pauses lower-court rulings during an appeal. If granted, the Bureau of Prisons could withhold sex-trait-modification surgeries, hormone therapy, and social accommodations such as undergarments, makeup, padding and wigs. The government wants the lower-court orders requiring continued care lifted while it appeals.
The order behind the case
The dispute centers on an executive order from January 2025 directing the Bureau of Prisons to ensure that "no federal funds are expended for any medical procedure, treatment, or drug to conform an inmate's appearance to the opposite sex." The order prohibited certain medical care tied to gender transition for transgender inmates and required transgender women inmates to be housed in men's facilities. The Guardian Court papers identify the directive as Executive Order No. 14168, dated Jan. 20, 2025.
Two lower courts blocked officials from carrying out those prison provisions while the broader lawsuit moves forward. U.S. District Judge Royce Lamberth ordered the government to continue providing care such as hormone therapy to transgender inmates. AP The government lost below and filed the emergency request to the Supreme Court on Sept. 28, 2026. Reuters
Under prior Bureau policies described in the government's filing, gender dysphoria — distress linked to a difference between gender identity and sex assigned at birth — was addressed with mental-health treatment including psychotherapy and psychiatry. Supreme Court filing The Bureau also held trainings on transgender care, including for inmates with gender dysphoria, at national in-person and virtual conferences. The emergency application is listed under docket No. 26A416 as the Kingdom Application.
What comes next
The broader context here is control of the status quo before final judgment. A stay would not decide whether the executive order is legal. It would decide whether the Bureau can enforce the funding restriction and related denials while the case proceeds. If the Court denies the request, the current injunctions stay in place and require continued hormones and other accommodations under court supervision.
Looking at what this means for litigants and administrators, the timeline is short. Responses are due Oct. 8, after which the justices can grant, narrow, or deny interim relief. Prison officials need to plan for either outcome. Inmates seeking care face continued uncertainty until lower courts reach the main legal questions. The underlying dispute over executive direction of federal prison medicine will continue regardless of the emergency ruling.
