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Skrmetti, Mahmoud, and B.P.J v. Bostock and Kingdom

The Court seems concerned enough about transitioning children but not adult (prisoners).

Josh Blackman | 10.21.2026 2:43 PM

This year, the Bureau of Prison determined that "sex-trait-modification surgeries, hormone interventions in general, and social accommodations could no longer be justified as treatment for gender dysphoria." The lower court enjoined this policy, and the Solicitor General sought an emergency stay. Today the Supreme Court denied a stay in Trump v. Kingdom by a 7-2 vote. Justices Thomas and Alito noted they would have granted the application, though there was no written opinion.

I have some thoughts.

First, just yesterday Justice Kagan noted that the Trump appointees rule against President Trump as proof that they are not hacks. And she surely knew this case would come down as further proof of this point. Kagan's point seems to be that ruling against the President that appoints you makes you a fair justice. That premise is only true if in fact that law does not support the appointing President's policy. If a Justice simply rules against the President who appoints him for the sake of optics, then the Justice is no longer a judge.

Justice Alito made this point well in his new book, summarized in the Wall Street Journal.

Insecure originalists may worry that they are subconsciously........

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