Lori Rifkin, Rifkin Law Office
510.414.4132 | lrifkin@rifkinlawoffice.com

Christopher Vasquez, NCLR Communications Director
415.365.1337 | cvasquez@nclrights.org

May 21, 2020

BREAKING: U.S. Supreme Court Denies Idaho’s Request to Delay Transgender Inmate’s Medically Necessary Surgery

WASHINGTON, DC – Today, the U.S. Supreme Court denied an attempt by the State of Idaho to delay Adree Edmo’s medically necessary gender confirmation surgery as that Court considers whether to review her case. Ms. Edmo, a transgender prisoner, sued the Idaho Department of Corrections (IDOC) and its private healthcare provider Corizon Health, for withholding critical medical care.

In August 2019, the 9th Circuit Court of Appeals affirmed a 2018 decision by the U.S. District Court for the District of Idaho ordering the IDOC to provide Ms. Edmo this life-saving treatment for server gender dysphoria. The State filed a petition for certiorari with the U.S. Supreme Court and separately asked the Court to delay Ms. Edmo’s surgery while it considered whether to accept the case for review.

“The Supreme Court appropriately declined the State’s request for a stay that would have prevented Ms. Edmo from getting the care she needs,” said Lori Rifkin, lead attorney for Ms. Edmo. Because the lower court decisions applied settled Eighth Amendment precedent to the facts of this case, there is no basis for further review of those careful and detailed decisions.”

“The Court’s denial of the stay clears the way for Adree Edmo to get medically necessary surgery that she has needed for years,” said National Center for Lesbian Rights (NCLR) Senior Staff Attorney, Amy Whelan, co-counsel for Ms. Edmo. “The lower courts found, based on extensive evidence and proof, that the Idaho Department of Corrections and Corizon Health are violating Ms. Edmo’s constitutional rights by withholding this critical medical care. Today’s decision means that the State can no longer delay in providing care that is essential to Ms. Edmo’s health, safety, and well-being.”

The National Center for Lesbian Rights (NCLR) represents plaintiff Adree Edmo together with Rifkin Law Office, Hadsell Stormer and Renick LLP, and Ferguson Durham, PLLC.

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The National Center for Lesbian Rights (NCLR) is a national legal organization committed to advancing the human and civil rights of the lesbian, gay, bisexual, transgender, and queer community through litigation, public policy advocacy, and public education. Since its founding, NCLR has maintained a longstanding commitment to racial and economic justice and the LGBTQ community’s most vulnerable. https://www.nclrights.org

Rifkin Law Office is a civil rights law firm based in Oakland, California. 

Hadsell Stormer & Renick LLP is a leading civil rights law firm with offices in Northern and Southern California that was founded in 1991.

Ferguson Durham, PLLC is a boutique civil and criminal litigation firm based in Boise, Idaho that focuses on civil rights, discrimination, and criminal law. With over 50 years of combined litigation experience, the partners serve their clients with a wealth of experience at the local, state, and federal levels.