The Trump administration asked the Supreme Court for permission to enforce its ban on gender-affirming medical care for inmates after a federal judge blocked the policy.

Urging the justices to lift the judge’s order while it appeals, the administration argued that the public interest favors such a result because the policy “provides appropriate, individualized treatment for gender dysphoria, while disallowing only interventions that are medically unnecessary.”

The Supreme Court over the last couple of years has ruled against transgender people in a series of cases involving sports, the military, passports and gender-affirming care for minors.

When he granted a preliminary injunction for inmates in June, U.S. District Judge Royce Lamberth, a Reagan appointee, said he didn’t intend to wade into “the culture war being waged against transgender individuals.” Rather, he said he was merely making a legal decision that the government failed to follow proper procedures when it implemented the new policy.

The Washington judge called the government action “arbitrary and capricious” because it “failed to seriously consider its own experience providing gender-affirming care to inmates for years under its prior policy.” Lamberth issued a subsequent order in August maintaining the injunction, finding that despite officials’ claims, it wouldn’t cause safety issues to continue inmates’ medical care while the litigation proceeds.

Over dissent from a Trump appointee, a federal appellate panel declined to lift Lamberth’s injunction.

In the administration’s application to the justices, Solicitor General John Sauer said the Bureau of Prisons had previously provided both what he called “mental-health treatment (such as psychotherapy and psychiatry services)” and “sex-rejecting interventions (such as sex-trait-modification surgeries, hormone interventions, and social accommodations).”

Sauer said the government concluded it could no longer justify the second category for two reasons: that such interventions weren’t supported by the latest evidence and that they “raised security and prison-administration concerns that outweighed whatever limited benefits they had.”

The inmates will have an opportunity to weigh in at the high court in defense of the district judge’s order.

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