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Supreme Court leaves block on Trump policy limiting transgender inmates' medical care

The unsigned order keeps a lower-court injunction in place; Justices Alito and Thomas said they would have allowed enforcement.

Updated Oct 21, 2026 · 22:14 UTC8 reports

The short version

  • The Supreme Court declined an emergency Justice Department request to enforce a Bureau of Prisons policy restricting treatment for transgender inmates.[CBS News · ABC News]
  • Justices Samuel Alito and Clarence Thomas said they would have allowed the policy to take effect.[CBS News · NBC News · ABC News]
  • Judge Royce Lamberth blocked the policy in June, and a divided D.C. Circuit panel declined to lift that block.[CBS News · NBC News]
  • Lawyers for the inmates say the policy would end treatment for nearly 1,000 people, while agency records cite about 600 hormone recipients in 2025.[CBS News · NBC News · ABC News]

Key facts

  • The Supreme Court rejected an emergency Justice Department appeal seeking to enforce a Bureau of Prisons policy restricting treatment for transgender inmates.[CBS News · NBC News · ABC News]
  • Justices Samuel Alito and Clarence Thomas said they would have allowed the policy to be enforced.[CBS News · NBC News · ABC News]
  • U.S. District Judge Royce Lamberth blocked the policy in June, concluding the government violated federal law.[CBS News · NBC News]
  • A divided D.C. Circuit panel declined 2-1 to lift the district court's injunction.[CBS News · NBC News]
  • Solicitor General D. John Sauer argued the lower-court decision improperly blocked the executive's chosen policy.[CBS News · NBC News]
  • Lawyers for the transgender inmates said the policy would end treatment for nearly 1,000 inmates.[CBS News]
  • Agency court records indicated about 600 inmates received hormone therapy in 2025.[ABC News]

What remains uncertain

  • The number of inmates affected is disputed: lawyers cite nearly 1,000, while agency court records cite about 600 hormone therapy recipients in 2025.[CBS News · NBC News · ABC News]
  • The emergency order does not resolve the underlying merits of the policy, and the reporting does not describe the lawsuit's final outcome.[CBS News]

Sources

Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.