The U.S. Supreme Court on Wednesday, 21 October 2026, denied the Justice Department's emergency request. The unsigned, one-line order is docketed 26A416, Trump v. Kingdom. The application, presented to the Chief Justice and referred to the Court, asked to freeze a district-court order and revive the Bureau of Prisons' February 2026 policy. That is an emergency denial. It is not a ruling on the merits.
Justices Clarence Thomas and Samuel Alito noted, without explanation, that they would have granted the stay. The rest of the vote is not published. The BOP policy would have ended surgery, hormone treatment and social accommodations for inmates diagnosed with gender dysphoria. Lawyers for the plaintiffs, as reported by CBS, said the change would have cut off treatment for nearly 1,000 people in federal custody.
Li Nowlin-Sohl, an ACLU lawyer, said denying medically necessary care, including gender-affirming care, violates constitutional rights. That is the plaintiffs' position. It is not the Court's reasoning, because the Court gave none.
In June, Judge Royce Lamberth in Washington blocked the policy. He wrote that the BOP had violated federal administrative-procedure law and that he was not wading into a culture war. In September the U.S. Court of Appeals for the D.C. Circuit, 2-1, refused to lift the injunction. Solicitor General D. John Sauer asked the Supreme Court to step in, citing institutional security and the Executive's right to choose its policy.
The plaintiffs, including Alishea Kingdom, say the BOP has provided hormone treatment since 1992 and that the administrative record shows no security incident tied to that care. The administration says the February policy tracks newer scientific information and prison-security orders. Both accounts sit in the appeal. They have not been tried on the merits in Washington.
Until the lower courts finish the case, Lamberth's injunction remains. The February policy does not take effect. That is the posture after Wednesday's order. It is not a new federal-prison statute, and it is not a verdict on the treatments.
Image: Matt H. Wade, west facade of the U.S. Supreme Court, Washington, May 2008, CC BY-SA 3.0, Wikimedia Commons; the building in 2008, not the Wednesday order.
Sources consulted: Supreme Court rejects Trump bid to restrict some medical treatments for transgender inmates - CBS News, 21 October 2026; Order 26A416 Trump v. Kingdom - Supreme Court of the United States, 21 October 2026.
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