DOJ petitions Supreme Court to reinstate policy limiting transgender inmate care
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DOJ petitions Supreme Court to reinstate policy limiting transgender inmate care

Résumé

The Justice Department asked the Supreme Court to lift a district court order that blocks a Bureau of Prisons rule restricting medical treatments and accommodations for transgender prisoners.

The Justice Department filed an emergency appeal on Monday seeking Supreme Court intervention to revive a Bureau of Prisons policy that curtails certain medical procedures and social accommodations for inmates diagnosed with gender dysphoria. The request follows a federal district court order issued last month that barred the agency from enforcing the new rules and required continued provision of medical care to a class of transgender prisoners.

The policy, introduced in February, allows mental-health services but prohibits surgeries, hormone therapy and items such as chest binders, wigs or breast padding. It was presented by the bureau as separate from President Trump's earlier executive order that prohibited the use of federal funds for such treatments.

U.S. District Judge Royce Lamberth previously blocked the rules, describing them as “reverse engineered” to implement the executive order, and ordered the bureau to keep providing the disputed medical care.

"The district court’s decision prevents the application of the Executive’s chosen policy on a broad basis," Bureau of Prisons Solicitor General D. John Sauer said in the Supreme Court filing, adding that the policy was "necessary to maintain institutional security."

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