The Supreme Court rebuffed the Trump administration’s emergency petition to immediately revive its restrictions on transgender treatment for inmates in federal prisons on Wednesday.
President Trump’s team had requested the high court stay a lower court ruling blocking that policy from taking effect while litigation over it plays out, but the high court rejected it without explanation, which is standard practice for emergency applications.
Republican appointed Justices Samuel Alito and Clarence Thomas both would’ve granted Trump’s request for a stay on the lower court’s ruling against the Trump administration.
Trump has enjoyed a high success rate before the Supreme Court with emergency petitions since he returned to the White House in January of last year, though his record on merits cases has been much more mixed.
The Supreme Court typically refrains from providing a rationale for its decisions on the motions docket in order to avoid prejudging cases that may come before it on the merits docket in the future.
Its use of the motions docket has drawn criticism from the left due to the frequent victories Trump has notched with emergency petitions and the lack of an explanation about why.
Emergency decisions are often based on the balance of harm in a case.
During his first day back in office, Trump signed an executive order vowing to bring back “biological truth to the federal government,” which required federal agencies to define biological sex as immutable.
Earlier this year, the Bureau of Prisons issued a memo restricting facilities from funding transgender medications or treatments for inmates, as well as allowing prisoners to wear outfits that don’t correspond with their biological sex.
But the Trump administration claimed in court documents that the BOP’s policy change wasn’t based on the president’s executive order, but rather an independent judgment call. --->READ MORE HERE
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| Ron Lach/PEXELS |
The U.S. Supreme Court refused on Wednesday to shut down a rogue judge’s bid to restore federal prisoners’ access to transgender-related “treatments” and accommodations. Only Justices Clarence Thomas and Samuel Alito indicated they would stop the lower court’s antics.
In its unsigned order, the high court rejected the Trump administration’s request to temporarily pause an August ruling by D.C. Senior District Judge Royce Lamberth. The Reagan appointee issued a renewed preliminary injunction blocking the Bureau of Prisons (BOP) from its most recent policy cracking down on transgenderism in the federal prison system.
As described by SCOTUSblog, the February 2026 policy is a “successor to a policy that was adopted in February 2025 to implement an executive order” signed by President Trump. That directive instructed the U.S. attorney general 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.”
Lamberth — who has a track record of being “among the toughest judges” for sentencing Jan. 6 demonstrators — blocked the administration’s 2025 version of the contested policy in June 2025. BOP said that it enacted its most recent version of the policy “independently” of the president’s executive order.
The D.C. Court of Appeals denied the administration’s emergency request to pause Lamberth’s August injunction on Sept. 18. In its 2-1 ruling, the appellate court argued that the government did not show that it is likely to succeed on the merits and that the BOP “did not adequately consider its own experience providing gender affirming care under its prior policy.” --->READ MORE HERE
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