DOJ Seeks SCOTUS Ruling on Trans Surgery Ban in Federal Prisons
Department of Justice asks Supreme Court to uphold Trump’s transgender surgery ban in federal prisons.
1 min read
The Department of Justice (DOJ) has filed an emergency appeal with the Supreme Court, seeking to reinstate the Bureau of Prisons (BOP) policy that restricts transgender surgeries and procedures for federal inmates. The move follows a June court order by U.S. District Judge Royce Lamberth, which blocked the implementation of President Donald Trump’s executive order from January 2025. The order required the BOP to continue providing sex change operations, hormone replacement therapy, and other medical accommodations for transgender inmates.
Executive Order and Legal Battle
Trump’s executive order, which directed the BOP to end transgender sex change surgeries, hormone therapy, and other social treatments like chest binders, wigs, and breast padding, was challenged in court. The order argued that the use of biological sex categories was being replaced by subjective identity concepts, which it claimed undermined legal protections based on sex. The BOP had issued a new policy in January 2025, but it was blocked in June, leading to the current legal dispute.
DOJ’s Argument and Court Response
In its filing, the DOJ emphasized that the BOP’s decision to prioritize mental health treatment and discontinue what it called “medically disputed and unproven” procedures fell within the bounds of reasoned decisionmaking. The filing criticized the court for disregarding fundamental principles of the Administrative Procedure Act (APA), including reliance on evidence outside the administrative record and substituting its own policy judgment for that of the agency.
Broader Implications
The case highlights the ongoing legal and policy battles over transgender healthcare access in correctional facilities. The Supreme Court’s decision could set a precedent for how federal agencies handle medical care for transgender individuals in prison, influencing broader debates about gender identity, healthcare rights, and institutional policies.
Source: Daily Caller
