The Daily Fuckup

The Supreme Court on Nov. 6, 2025, temporarily put on hold a lower-court order that had blocked the Trump administration’s passport sex-marker policy. For now, the government may enforce the rule while the case continues in the courts.

The justices acted on the administration’s emergency stay application in Trump v. Orr. The order does not decide who will ultimately win. It simply leaves the challenged policy in place while the First Circuit appeal proceeds, and while any timely petition for Supreme Court review remains possible.

At issue is whether passport sex markers must track an applicant’s gender identity or whether the government may require them to reflect sex as the administration defines it. The dispute has centered on relief that had barred the government from enforcing its policy against the affected plaintiffs and certified classes, including access to X markers.

The stay is an interim procedural move, not a merits ruling. The underlying case keeps moving in the lower courts, and the policy’s long-term fate remains undecided.