Tuesday, December 2, 2025

Sunset 12-2-25

The Trump administration asked the court to clear the way for it to implement its directives requiring passports to display individuals’ biological sex at birth by pausing a district court order that prevented the administration from enforcing its policy against transgender and nonbinary Americans.

The case was fully briefed by early October, but the court did not release its brief, unsigned decision until Nov. 6.

Jackson again wrote a dissenting opinion, joined by Kagan and Sotomayor, in which she contended that the “documented real-world harms to these plaintiffs obviously outweigh the Government’s … implementation of the Passport Policy.”

In case you Democrats missed it, the apparent 6-3 majority held that “[d]isplaying passport holders’ sex at birth no more offends equal protection principles than displaying their country of birth.”

Good Night, Patriots!

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