Trump Wins on Passports
By John Hinderaker
Today the Supreme Court issued an order in Trump v. Orr, the case that challenges Trump’s executive order to the effect that a person’s sex as shown on his or her passport will be the sex at birth. This order was challenged in the federal court in Massachusetts, and a Democratic Party judge issued an injunction barring implementation of the order while the case proceeds through the federal courts.
This is the Democrats’ familiar strategy: bring a case before a loyal judge who will, without hearing the case on the merits, issue a preliminary injunction preventing the Trump administration from carrying out the policy in question. The “preliminary” injunction will for all practical purposes be permanent, since by the time the case is finally resolved, Trump most likely will be out of office. Through this means, the Democratic Party has effectively tried to seize control of the Executive Branch.
But the Supreme Court is on to them, and the administration has consistently gotten these preliminary injunctions dissolved in the Supreme Court. That is what happened here. The unsigned (as is the case with such orders) majority opinion says:
This case concerns an Executive Branch policy requiring all new passports to display an individual’s biological sex at birth. The United States District Court for the District of Massachusetts preliminarily enjoined the Government from enforcing the policy, and the First Circuit declined to stay the injunction pending appeal. The Government then filed this stay application. Applying our familiar stay factors at this preliminary stage, we grant the application.
Displaying passport holders’ sex at birth no more offends equal protection principles than displaying their country of birth—in both cases, the Government is merely attesting to a historical fact without subjecting anyone to differential treatment.
https://www.powerlineblog.com/archives/2025/11/trump-wins-on-passports.php