Supreme Court leaves block on transgender prison treatment policy in place

The US Supreme Court on October 21 rejected the Trump administration’s emergency bid to enforce a policy restricting treatment for transgender people in federal prisons, leaving a lower court’s injunction in place, NBC News reported. The decision means the Bureau of Prisons cannot implement the blocked restrictions while that injunction remains in effect.

CBS News reported that the unsigned, one-line order denied the Justice Department’s request to freeze the injunction. The Supreme Court gave no explanation. Justices Clarence Thomas and Samuel Alito said they would have granted the administration’s request, according to NBC News. The order addresses the emergency request, rather than deciding the underlying lawsuit.

What the blocked prison policy would change

The Bureau of Prisons issued the policy in February after President Donald Trump signed an executive order barring federal funding for medical procedures or treatments for transgender inmates in its custody, according to CBS News. The administration argued in its emergency appeal that the change was needed to maintain institutional security.

Three federal prisoners diagnosed with gender dysphoria challenged the rules. NBC News identified the lead plaintiffs as Alishea Kingdom, Jas Kapule and Solo Nichols and reported that each had received hormone treatment for several years. Their lawyers argued that the administration had not shown the restricted treatments were ineffective or harmful, CBS News reported.

Why the lower court’s injunction remains in force

District Judge Royce Lamberth blocked the policy and required the Bureau of Prisons to continue medical interventions and social accommodations for a class of inmates with gender dysphoria, CBS News reported. A three-judge federal appeals panel then declined to lift the injunction in a 2-1 decision.

The appeals panel said the bureau had not adequately considered its own experience providing gender-affirming care under its previous policy and had not made a strong showing that it was likely to prevail, according to CBS News. The Supreme Court’s refusal to intervene leaves that lower court order controlling enforcement of the February policy for now.

The administration had previously asked the Supreme Court to suspend the restrictions’ court-ordered block. The court’s October 21 order resolves that emergency request while the litigation over the policy continues.