Trump v. Orr (Trump Passport Rule)
Case Overview
The case concerns a passport rule requiring applicants to use the sex listed at birth. The State Department argued it was bound by an executive order, but a lower court ruled the agency should have followed APA procedures. The appellate court agreed, denying a stay and sending the case toward a full hearing.
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The Application
The State Department implemented a passport rule requiring applicants to use their sex at birth and claimed an executive order mandated the policy without APA compliance. Both the lower court and appellate court determined that the APA's procedural requirements applied regardless of the executive order.
The Conclusion
The appellate court affirmed that APA procedures were required, denied the government's stay request, and the case is proceeding toward a full hearing on the rule's substantive validity.
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