Idaho Attorney General Raúl Labrador has joined a coalition of 24 states in urging a federal appeals court to block a lower court order that could expand access to gender transition surgeries for prison inmates.
The coalition, led alongside Indiana Attorney General Todd Rokita, filed an amicus curiae brief with the United States Court of Appeals for the Ninth Circuit arguing that the Eighth Amendment does not require states to provide what they describe as medically debated and high-risk procedures.
The case, Emalee R. Wagoner v. Jennifer Winkelman, stems from a ruling by the U.S. District Court for the District of Alaska ordering the state to refer an inmate for a surgical consultation related to gender transition.
In a statement, Labrador said the lower court’s decision threatens to set a broader precedent that could compel states to fund such procedures. “The Eighth Amendment ensures basic medical care for prisoners, but it doesn’t require states to provide experimental gender transition surgeries,” he said, adding that Idaho supports Alaska in defending what he described as state authority over prison healthcare decisions.
Rokita echoed those concerns, warning that requiring states to provide such procedures could impose significant costs on taxpayers nationwide. He argued that courts should not mandate treatments that remain the subject of medical debate and carry uncertain outcomes.
The coalition’s brief maintains that while the Eighth Amendment prohibits deliberate indifference to serious medical needs, it does not guarantee access to any specific treatment—particularly those that are controversial or not widely available. It also notes that such surgeries are not universally covered or accessible across the country, which the states argue underscores that they are not a basic standard of care.
Additionally, the states argue that requiring transfers for inmates to receive procedures unavailable within a state could raise broader constitutional concerns, including issues related to federalism and compliance with the Prison Litigation Reform Act.
The coalition is asking the Ninth Circuit to overturn the lower court’s order and reaffirm states’ discretion in managing prison healthcare systems and correctional policy.