The administration's emergency request, filed on Monday by Solicitor General D John Sauer, argues that certain treatments for transgender inmates—such as sex-trait-modification surgeries, hormone therapy, and social accommodations including undergarments, makeup, padding, and wigs—'could no longer be justified as treatment for gender dysphoria.'
The request follows lawsuits brought by transgender prisoners against the policy. Two lower courts have issued injunctions preventing the administration from enforcing the denial of care while the cases are heard. The administration now seeks to have those injunctions lifted, asking the Supreme Court to allow the policy to take effect during the ongoing litigation.
The case raises constitutional questions about the rights of incarcerated individuals and the scope of medical treatment that prisons must provide. The Supreme Court has not yet indicated whether it will take up the emergency application.