First Circuit clears path for passport policy; Orr v. Trump continues on summary judgment

OtherCOURT

Date
Actor
U.S. Court of Appeals for the First Circuit; Department of State
Agency
Federal court (COURT)
Type
Other (litigation status of identity-document policy)
Section
2026 DEVELOPMENTS SWEEP (JANUARY–AUGUST 2026)

Summary

The First Circuit dismisses the government's appeal in Orr v. Trump as moot and vacates the district court's preliminary-injunction orders, consistent with the Supreme Court's November 6, 2025 stay that allowed the State Department to issue passports only with birth-sex markers and to refuse "X" designations. Cross-motions for summary judgment proceed in the District of Massachusetts (defendants moved for summary judgment June 29, 2026). State's operative policy: passports reflect "sex at birth"; existing passports remain valid until expiration. (see also section 6)

Status

Policy in effect nationwide; summary-judgment briefing pending in D. Mass. Update, Sept. 23, 2026: On Sept. 17, 2026, the court (Kobick, J.) granted plaintiffs' Rule 56(d) motion and denied without prejudice the pending cross-motions for summary judgment (D. Mass. No. 1:25-cv-10313, ECF 145, 174, 187, 200), setting a schedule under which fact discovery closes March 31, 2027, dispositive motions are due Aug. 13, 2027, and a status conference is set for April 1, 2027; the passport policy remains in effect in the meantime.

As recorded in the data of . Check the sources for anything newer.

Related litigation

Sources