Federal Power: Prison Care, Public Land and Labor Rules

The Supreme Court on Wednesday blocked the Trump administration from enforcing a policy that would have barred gender-transition surgery, hormone treatments and social accommodations for about 1,000 transgender people in federal custody. The ruling keeps a lower-court injunction in place as the administration’s challenge proceeds.

Care Under Federal Control

Over the last 18 months, the Bureau of Prisons said in announcements that it wouldn’t provide gender-transition surgery, hormone treatments or accommodations such as wigs, padding or makeup. Under the blocked policy, inmates would have received only mental-health services and potentially medications such as antidepressants.

The administration said medical professionals had recently called the treatments into question. Transgender-rights advocates strongly contest that claim. A group of transgender inmates sued with support from the American Civil Liberties Union, arguing the government hadn’t adequately explained the change and had violated the Eighth Amendment’s ban on cruel and unusual punishment.

Lead plaintiffs Alishea Kingdom, Jas Kapule and Solo Nichols had received hormone treatment for several years. ACLU lawyers said the Bureau of Prisons began providing hormone therapy in 1992, then gradually expanded access to other treatments and accommodations.

U.S. District Judge Royce Lamberth, a Republican appointee, blocked the policy earlier this year. He said the Bureau of Prisons hadn’t considered the merits of its previous treatment policies and found the proposal appeared engineered to comply with Trump’s executive order. Issued in January 2025, the order directed federal agencies not to acknowledge gender identity outside the “immutable biological classification” of male or female.

“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,” Lamberth wrote. He also said the government 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 his final decision, in a 2-1 ruling.

Solicitor General D. John Sauer argued the lower court was “substituting its own policy judgment for that of the agency.” The Supreme Court’s brief order gave no explanation. Justices Clarence Thomas and Samuel Alito would have granted the administration’s request. The court has a 6-3 conservative majority and has upheld state bans on transgender athletes competing in women’s and girls’ sports, as well as 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.

Land, Fees and Public Programs

On Tuesday, Oct. 20, Trump signed 10 bills into law covering Social Security, online dating scams, human trafficking, domestic manufacturing and land transfers. Several measures transfer public property without payment or direct federal agencies to study industries and administer programs.

H.R. 837 transfers the Pleasant Valley Ranger District Administrative Site in Arizona’s Tonto National Forest to Gila County without payment for the land. The county must cover conveyance costs, including surveys and required environmental analyses. H.R. 4467 transfers about 7.43 acres within Vicksburg National Military Park to Mississippi without payment; the state must use the land to facilitate public access and enhance the visitor experience.

H.R. 3620 requires the transfer of about 3.372 acres of federally owned property in Anchorage to the Southcentral Foundation for health and social-services programs. The foundation won’t pay for the property. H.R. 2388 transfers about 1,082.63 acres of federal land in Washington to the Lower Elwha Tribal Community. The land becomes part of the Lower Elwha Indian Reservation and returns to tribal trust status.

H.R. 1721 directs the Secretary of Commerce to identify products imported because of U.S. manufacturing, material or supply-chain constraints and assess the costs and benefits of domestic production, including possible effects on jobs, working conditions and prices. H.R. 7831 extends through 2037 the application-processing fees for new oil and gas drilling permits on federal land. The requirement had been due to expire in 2026.

Election and Press Disputes

Democrats sued Trump and the Justice Department, alleging the administration unlawfully pressured states to remove voters from their rolls ahead of the midterms. The complaint alleges officials directed a “persistent stream of threats and intimidation” at state and local election officials.

The White House was also discussing moving the press corps to another building, according to two people close to Trump. No final decision had been made. The discussions followed disputes over White House access, including Trump’s attempt last month to bar CNN, MS NOW and Politico from the complex. A federal judge reinstated their press credentials, finding the ban likely violated the First Amendment and the outlets’ right to due process. The administration still periodically blocks CNN from the television press pool.