The Supreme Court on Wednesday refused to let the Trump administration enforce a federal prison policy restricting treatment for transgender inmates. The decision left a lower-court injunction in place and handed the White House a rare setback from a 6-3 conservative bench. The order was brief and unexplained. Justices Clarence Thomas and Samuel Alito would have granted the administration’s request.
The ruling means the Bureau of Prisons can’t enforce a policy barring gender-transition surgeries, hormone treatments and social accommodations. About 1,000 transgender inmates are in federal custody. The policy followed Trump’s January 2025 executive order directing federal agencies not to acknowledge gender identity outside the “immutable biological classification” of male or female.
The Legal Fight Over Agency Process
The dispute turned less on the policy itself than on how the agency reached it. U.S. District Judge Royce Lamberth, a Republican appointee, blocked the policy earlier this year, finding that the Bureau of Prisons failed to consider the merits of its previous treatment policies. He called the stated reasons pretextual. “Despite providing gender-affirming care to inmates in its custody for years, the government cites in the Program Statement zero evidence from its own medical or mental health professionals to support its conclusions,” he wrote. The government, he added, offered no evidence the previous plan was “ineffective or harmful.”
In September, the U.S. Court of Appeals for the District of Columbia Circuit rejected the administration’s request to block Lamberth’s final decision, 2-1. Solicitor General D. John Sauer argued that the lower court was “substituting its own policy judgment for that of the agency” and faulting the Bureau of Prisons for following the president’s executive order. The administration said medical professionals had recently called the treatments into question, a claim transgender-rights advocates heavily contest.
The plaintiffs, backed by the American Civil Liberties Union, say the bureau has provided hormone therapy since 1992 and gradually expanded access. They argue the sudden change without explanation suggests the agency’s stated reasons weren’t its real ones. Lead plaintiffs Alishea Kingdom, Jas Kapule and Solo Nichols had received hormone treatment for several years. Under the blocked policy, inmates would have had access only to mental-health services and potentially medications such as antidepressants.
The outcome stands out against the court’s recent record. In June, it upheld state bans on transgender athletes in women’s and girls’ sports. A year earlier, it backed state laws banning gender-transition treatments for transgender youths. It has also allowed Trump to implement a ban on transgender people serving in the military.
Press Access and Election Disputes
Elsewhere, the administration faces fresh friction. Trump discussed moving the White House press corps to another building, two people close to him said. Outside allies, including Steve Bannon, have pushed the idea in recent weeks. No final decision has been made. Communications director Steven Cheung wrote on X that “all options remain on the table, and we will make an announcement when appropriate.” Reporters have had dedicated workspaces in the White House for more than a century.
The idea follows more than a year of access fights. Last month, Trump tried to bar CNN, MS NOW and Politico from the complex; a federal judge reinstated their credentials, finding the ban likely violated the First Amendment. Democrats also filed suit against Trump and the Justice Department, alleging unlawful interference in the midterms by pressuring states to purge voter rolls.
Campaign Trail and Quieter Legislation
Trump traveled to South Carolina to rally for appointed Sen. Darline Graham, the late Sen. Lindsey Graham’s sister, who faces Democrat Annie Andrews. The state went to Trump by nearly 18 points in 2024, so the race isn’t a battleground. Stops in Iowa, Florida, Georgia, Michigan and Texas follow.
On Starlink, Trump denied involvement in a reported slowdown of the service in Ukraine. “I wasn’t involved,” he said, adding, “I don’t know who did it.” The Wall Street Journal, citing unnamed officials, reported Elon Musk ordered it.
Trump also signed 10 bills Tuesday. One, the Critical Infrastructure Manufacturing Feasibility Act, orders a Commerce Department study due within one year, weighing the costs and benefits of domestic production, including effects on prices. The License to Drill Act extends oil and gas permit processing fees through 2037. The Romance Scam Prevention Act requires dating services to warn users within 24 hours of a fraud ban.
Why This Matters: The Supreme Court’s order points to a principle that cuts across partisan lines: agencies must show their work. Lamberth’s finding that the government cited no evidence from its own medical professionals suggests the problem was the rationale, not necessarily the goal. For an administration pursuing policy through executive orders, thin administrative records invite exactly this kind of defeat. The press-access fights and voter-roll lawsuit point to a similar tension over process, with courts policing the limits of executive power. The bills signed Tuesday, meanwhile, show narrower, study-first lawmaking and extended permit fees, a quieter track that rarely draws litigation.
- donald trump
- supreme court
- transgender inmates
- bureau of prisons
- gender-affirming care
- 2026 midterm elections
- white house press corps
- south carolina senate race