The state of Idaho asked the U.S. Supreme Court to overturn a decision of the Ninth Circuit Court of Appeals ordering the state to provide Idaho inmate Adree Edmo with sex-reassignment surgery.

In December of 2018, a federal district judge overruled the treating physician’s determination that inmate Adree Edmo’s sex-reassignment surgery was not medically necessary. The state appealed to the Ninth Circuit Court of Appeals, and in August 2019 a three-judge panel affirmed the district judge’s ruling.

The state sought rehearing by the entire Ninth Circuit, which was denied. Ten judges dissented from the denial. The state also filed an application to stay (or pause) the district court’s order requiring surgery pending the appeal.

“I am confident the Supreme Court will find the Ninth Circuit is once again outside the judicial mainstream,” Gov. Brad Little said.

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