The U.S. Supreme Court on Oct. 21 denied the Trump administration's application to stay a lower-court order in *Trump v. Kingdom* (No. 26A416). The order gives no reasons. It notes that Justice Thomas and Justice Alito would have granted the application.
The policy
An executive order signed on Jan. 20, 2025, directed the attorney general to ensure no federal funds are spent "for any medical procedure, treatment, or drug for the purpose of conforming an inmate's appearance to that of the opposite sex," SCOTUSblog reports.
In February 2026, the Bureau of Prisons (BOP) adopted Program Statement 5260.01. It provides mental-health treatment for gender dysphoria but ends surgeries, hormones and "social accommodations," defined to include padding, chest binders, makeup and wigs, according to the government's application.
The BOP said it adopted the policy "independently of" the executive order. It cited changes in the scientific evidence and security concerns, including that the interventions could make inmates targets for attacks, "breed resentment among other inmates" and be used to hide contraband. NBC News reports about 1,000 inmates in federal custody are affected.
Lower courts
Three trans-identified inmates, Alishea Kingdom, Jas Kapule and Solo Nichols, brought a class action. On Aug. 26, Senior U.S. District Judge Royce Lamberth stayed the policy and issued a classwide preliminary injunction requiring the BOP to continue its prior practice. He found the policy likely arbitrary and capricious and "pretextual and reverse engineered to implement" the executive order, according to the government's application. NBC reports he wrote that the BOP cited "zero evidence from its own medical or mental health professionals" for its conclusions.
On Sept. 18, a D.C. Circuit panel denied a stay pending appeal, 2-1. Judges Wilkins and Garcia were in the majority, and Judge Walker would have granted the stay.
Arguments
Solicitor General D. John Sauer argued the district court substituted "its own policy judgment for that of the agency" and denied prison administrators due deference. The inmates argued the BOP had not given a "reasoned explanation" and that withdrawing treatment would cause irreparable harm.
The appeal continues in the D.C. Circuit. The policy remains blocked in the meantime.