The administration has already been blocked from implementing its ban on gender-affirming care in prisons. Last year, three transgender people currently incarcerated in federal custody filed a class action suit against the administration and the Federal Bureau of Prisons challenging those policies. In June 2025, a federal judge granted a temporary injunction requiring the BOP to continue providing gender-affirming care to trans inmates as the case proceeds.
That “and” does a lot of heavy lifting, because the courts have decided that treatment needs to be both cruel and unusual. That means that if they do it to everyone all the time, it’s no longer “unusual” and isn’t prohibited.