The Trump administration has requested the US Supreme Court to allow it to deny gender-affirming care to transgender inmates in federal prisons. The emergency request was made on Monday, 28 September 2026, while litigation on the matter continues in lower courts.
Solicitor General D John Sauer stated in the request that certain care, including sex-trait-modification surgeries, hormone therapy, and social accommodations such as undergarments, makeup, padding, and wigs, "could no longer be justified as treatment for gender dysphoria."
The request asks justices to intervene in a legal dispute concerning a January 2025 executive order from Donald Trump. This order directed the Bureau of Prisons 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 order also prohibited specific gender transition medical care for trans inmates and mandated that trans women inmates be housed in men’s facilities.
Transgender inmates have sued the administration over the policy. Two lower courts have so far blocked officials from implementing the order while the larger lawsuit proceeds. Lawyers for the transgender prisoners have been asked by the justices to respond to the government’s request by 8 October.