"The Supreme Court's conservative majority issued an emergency order Thursday allowing the Trump administration to stop issuing passports for trans people with their stated gender identity on them, and Justice Ketanji Brown Jackson has again made her disgusted feelings known in a dissent. In an unsigned emergency order Thursday, the Supreme Court issued a stay of a lower court's injunction barring the Trump administration from enacting a policy hostile to trans and nonbinary people, requiring that only their sex at birth be displayed on their passports."
"Displaying passport holders' sex at birth no more offends equal protection principles than displaying their country of birth," the majority writes. "In both cases, the Government is merely attesting to a historical fact without subjecting anyone to differential treatment. And on this record, respondents have failed to establish that the Government's choice to display biological sex 'lack[s] any purpose other than a bare... desire to harm a politically unpopular group.'"
""As is becoming routine, the Government seeks an emergency stay of a District Court's preliminary injunction pending appeal," Jackson writes. "As is also becoming routine, this Court misunderstands the assignment." "Our task in deciding stay applications is not simply to make a 'back-of-the-napkin assessment of which party has the better legal arg"
The Supreme Court's conservative majority issued an emergency stay allowing the Trump administration to stop issuing passports that list trans and nonbinary people's stated gender identity. The stay reinstates a policy requiring passports to display only the sex assigned at birth. The six-justice majority framed the government's action as harmless attestation of historical fact, comparing sex at birth to country of birth. The majority concluded respondents failed to show the policy lacked any purpose beyond harming a politically unpopular group. Justice Ketanji Brown Jackson, joined by Justices Sotomayor and Kagan, dissented, warning the Court misunderstands its role and sounding alarm about discriminatory tendencies.
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