A federal appeals court questioned the Justice Department’s insistence on Tuesday that a Supreme Court emergency docket ruling from last year settled a lawsuit over the Trump administration’s policy restricting the gender on a person’s passport to his or her biological sex.
A three-judge panel on the U.S. Court of Appeals for the 1st Circuit heard arguments in the case, in which both sides have asked the panel to toss the preliminary injunction blocking the policy for different reasons. The Supreme Court allowed the policy to remain in effect while litigation continues via an order on its emergency docket last year. DOJ lawyer Michael Velchik pointed to that November 2025 order from the high court as evidence for why the First Circuit should toss the district court’s ruling against the administration.
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The Supreme Court’s 6-3 ruling on the emergency docket included an unsigned opinion that stated the policy of listing biological sex on passports
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