Trump v. Orr
Application for stay granted on Nov. 6, 2025. Justice Jackson wrote a dissenting opinion, joined by Justices Sotomayor and Kagan.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 25a319 | 1st Cir. | Not Argued | Nov 6, 2025 | N/A | N/A | OT 2025 |
Issue: Whether the Supreme Court should stay a district court ruling that would require the State Department to provide transgender and nonbinary people with passports reflecting the sex designation of their choosing.
Judgment: Application for stay granted on November 6, 2025. Justice Jackson wrote a dissenting opinion, joined by Justices Sotomayor and Kagan.
SCOTUSblog Coverage
- The shadow docket fails again (Erwin Chemerinsky, November 20, 2025)
- Supreme Court sides with Trump administration on sex designations on passports (Amy Howe, November 6, 2025)
- The interim docket remains active — and not just because of the Trump administration (Kelsey Dallas, October 23, 2025)
- Transgender Americans ask Supreme Court to leave order in place allowing them to choose sex markers on passports (Amy Howe, October 6, 2025)
- Trump administration urges Supreme Court to prevent transgender people from choosing sex markers on passports (Amy Howe, September 19, 2025)
| Date | Proceedings and Orders |
|---|---|
| 09/19/2025 | Application (25A319) for a stay, submitted to Justice Jackson. |
| 09/22/2025 | Response to application (25A319) requested by Justice Jackson, due by 4 p.m. (EDT) on October 6, 2025. |
| 10/03/2025 | Brief amici curiae of Indiana, et al. filed. |
| 10/06/2025 | Response to application from respondent Ashton Orr, et al. filed. |
| 10/07/2025 | Reply of applicant Donald J. Trump, President of the United States, et al. filed. |
| 11/06/2025 | Application (25A319) referred to the Court. |
| 11/06/2025 | [See detached opinion for additional order language.] The application for stay presented to Justice Jackson and by her referred to the Court is granted. The June 17, 2025 order of the United States District Court for the District of Massachusetts, case No. 1:25–cv–10313, is stayed pending the disposition of the appeal in the United States Court of Appeals for the First Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Jackson, joined by Justice Kagan and Justice Sotomayor, dissents. (Detached Opinion). |