Another federal judge has legislated from the bench against the Trump Administration.
As Politico reported, U.S. District Court Judge Royce Lamberth granted a preliminary injunction ordering the Trump Administration to continue providing gender-affirming care to hundreds of prison inmates who call themselves transgender. This decision follows a lawsuit filed by three transgender inmates after Trump issued an executive order on Day One barring federal funds from being spent on any medical procedure or treatment for transitioning inmates.
Lamberth, a Reagan appointee, justified his decision by saying there was no “reasoned” analysis to shut off their medical care.
Under Trump’s policies, biological sex, not gender identity, determined where inmates were placed, helping to prevent cases where violent offenders or opportunistic criminals claimed transgender status to gain access to female-only spaces. Specifically, the order states that “any medical procedure, treatment, or drug for the purpose of conforming an inmate’s appearance to that of the opposite sex.”
But Politico notes that prison officials interpreted Trump’s order to allow transgender inmates to continue to receive medication not related to that care. This included relieving anxiety, depression, and suicidal thoughts.
All told, roughly 600 transgender inmates continued to receive gender-affirming care, while about 400 were denied.
However, Lamberth ruled that there was zero evidence that the administration had made any serious analysis before implementing Trump’s order.
He demanded that the Bureau of Prisons resume hormone therapy and several other “social accommodations” available to transgender inmates before Trump’s executive order. These include gender-conforming undergarments and hair removal products.
“Neither the BOP nor the Executive Order provides any serious explanation as to why the treatment modalities covered by the Executive Order … should be handled differently than any other mental health intervention,” Lamberth wrote.
This decision by Lamberth follows two similarly outrageous rulings on his part related to transgender prisoners.
Back in February, Lamberth blocked the Trump administration from moving transgender women prisoners into men’s facilities or taking away their medical care. He outrageously claimed that the move likely violated the Eighth Amendment’s prohibition on cruel and unusual punishment.
Lamberth in March ordered the federal Bureau of Prisons (BOP) to transfer two transgender inmates (bio men) who identify as women back to federal women’s prisons.
His ruling back then also compelled the Bureau of Prisons to continue providing the two inmates with hormone therapy treatments for gender dysphoria.
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