The U.S. Court of Appeals for the Ninth Circuit on Monday announced that it will not rehear a case that affirmed a preliminary injunction requiring a prison to provide Adree Edmo, an incarcerated trans woman in Idaho, sex reassignment surgery. A group of dissenting judges on the court, however, criticized the lower court’s decision to mandate “an evolving standard of care.”

Ninth Circuit Judges M. Margaret McKeown and Ronald Gould and U.S. District Judge Robert Lasnik of the Western District of Washington, sitting by designation, denied the petitions for rehearing.