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United States · Justice

Transgender inmates: care restrictions remain blocked

The Supreme Court rejects the Trump administration’s emergency request.

Facade of the U.S. Supreme Court
The U.S. Supreme Court in Washington in March 2007. Archive photograph. Kjetil Ree · CC BY-SA 3.0 · Image resized; cropped for display.

Order issued October 21; interim decision on a stay application.

On October 21, the U.S. Supreme Court denied the Trump administration’s request to suspend the court order blocking its policy in the Kingdom case. Justices Clarence Thomas and Samuel Alito would have granted the request. [1]

The immediate consequence

The court block on care restrictions for transgender inmates therefore remains in place during the litigation, AP reports. [2]

The government’s position

The government cites security and prison administration concerns in defending its policy. Its filing argues that courts should give greater weight to the prison administration’s experience. [3]

The plaintiffs’ position

The inmates challenging the policy argue instead that interrupting treatment would cause immediate harm. Their filing asks for care to be preserved while the case proceeds. [4]

The decision’s scope

The order gives no detailed reasoning and addresses this stay application. It is not a final ruling on the merits of the policy. [1]

Perspectives compared

Procedure
Supreme Court

The stay application is denied. [1]

Administration
Government filing

Security and prison management concerns are cited. [3]

Care
Inmates’ filing

The inmates seek continued treatment. [4]

Sources and documents