Idaho Joins 24 States Opposing Court-Ordered Gender-Affirming Surgeries for Inmates

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Idaho Attorney General Raúl Labrador has joined a coalition of attorneys general from 24 states in filing a legal brief opposing a federal court order related to gender-affirming surgery for a prison inmate. The amicus brief argues that the Eighth Amendment does not require states to provide specific medical procedures, including gender-affirming surgeries, to incarcerated individuals.

Why it matters

This case could set a broader precedent affecting how states manage medical decisions within correctional facilities. The coalition contends that while the Eighth Amendment prohibits deliberate indifference to serious medical needs, it does not guarantee access to any specific type of treatment.

The details

The case stems from a decision by a U.S. District Court in Alaska that directed the state to refer an inmate for a surgical consultation. The coalition argues that the ruling goes beyond constitutional requirements and interferes with states' authority over prison healthcare systems. The brief also raises concerns about potential costs and policy implications if courts require states to provide certain medical procedures.

• The amicus brief was filed in the Ninth Circuit Court of Appeals on March 26, 2026.

What’s next

The case remains pending before the Ninth Circuit Court of Appeals.