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Supreme Court keeps hormone therapy going for transgender federal inmates while the case continues

NPR explains the class action behind the brief order, how many inmates it covers, and both sides' arguments.

On October 21 the Supreme Court denied the Trump administration's request to pause a lower-court injunction against a Bureau of Prisons policy that would end hormone therapy and other treatments for transgender inmates. The order gave no reasons; Justices Clarence Thomas and Samuel Alito said they would have granted the stay.

The injunction by U.S. District Judge Royce Lamberth stays in place while the litigation continues; the D.C. Circuit had also declined to pause it. The class action, Kingdom v. Trump, argues the policy violates the Eighth Amendment's ban on cruel and unusual punishment. According to the ACLU, the class covers about 1,000 inmates with a gender dysphoria diagnosis, roughly 800 of them prescribed hormones. In its filings the administration argued that providing the care puts recipients at risk of attack and raises "fairness concerns" with other inmates. NPR notes the decision is at odds with other recent rulings that sided with the administration's transgender policies.

From each bank
Across the spectrum 3

Democrat

Sens. Edward Markey (D-Mass.), Jeff Merkley (D-Ore.) and Mazie Hirono (D-Hawaii): In a May 2026 letter, the senators called on the Bureau of Prisons to withdraw its policies, including the February 2026 program statement that bars gender-affirming care even when paid for with private funds and "forces incarcerated people to discontinue care, regardless of medical recommendations."

Office of Sen. Jeff Merkley ↗

Libertarian

Matthew Cavedon, Cato Institute: In an April 2026 post, Cavedon wrote that ending federal funding of gender transitions "is philosophically appealing and may prove legally justifiable," but an outright ban on adult inmates maintaining them is not; he urged the administration to withdraw the BOP program statement and let inmates and supporters pay for treatment.

Cato Institute ↗

Republican

President Donald Trump, January 2025 executive order: The order directs the Attorney General to ensure the Bureau of Prisons revises its medical care policies and "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."

The White House ↗
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