5-4 Trump v. Orr
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Dec 9, 2025 An exploration of the Supreme Court's impact on transgender rights, focusing on the controversial passport policy. The hosts dissect Trump's executive order and its anti-trans implications. They address the legal arguments surrounding equal protection and the harmful realities faced by trans travelers. The discussion highlights moral panic narratives and their effects on vulnerable communities. Additionally, they critique the Court's use of the shadow docket and reflect on how these rulings shape future litigation.
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Policy Shift Timeline Explained
- Peter recounts the policy's timeline: previous rules allowed surgical or clinical certification for changes.
- The new executive order reversed that, requiring passports to show sex assigned at birth from Jan 22, 2025 onward.
Passport Rule Masks Targeted Discrimination
- The Trump administration changed passport sex markers to sex assigned at birth and framed it as a factual attestation.
- The Supreme Court majority treated that framing as non-discriminatory despite targeting transgender people explicitly.
TSA Encounters Illustrate Differential Harm
- Michael recounts plaintiffs' real-world harms like strip searches and harassment at TSA when IDs don't match presentation.
- Those incidents show passports get treated as current identity, not mere historical facts.