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Trump Administration Asks Supreme Court to Reinstate Binary-Only Passport Rule

The administration asks the justices to lift a nationwide injunction that restored self-selected M, F or X markers for transgender and nonbinary applicants.

Overview

  • Solicitor General D. John Sauer told the Court the policy is lawful and argued the injunction improperly intrudes on the president’s foreign affairs prerogatives.
  • President Trump’s January order defined sex as an immutable biological classification, and the State Department halted the X marker and required passports to reflect sex at birth.
  • U.S. District Judge Julia Kobick blocked the policy for a certified nationwide class, citing likely equal-protection violations, findings of animus, and irreparable harms from mismatched documents.
  • The 1st U.S. Circuit Court of Appeals declined to lift the injunction earlier this month, leaving the lower-court order in place while litigation continues.
  • The Hill reports the filing is one of numerous emergency requests the administration has brought to the Supreme Court in its second term.