placing the burden on the respondents (the plaintiffs) to show that the new passport policy is motivated by animus against transgender or nonbinary individuals, and that it violates the APA. It’s the Trump administration that’s seeking emergency relief; the burden is, or at least should be, on it to explain why the lower courts were wrong on these fronts—including by explaining what possible reason it could have for the policy other than the transparent animus reflected in President Trump’s executive order.
Again, as with the underlying irreparable harm finding, these moves were also critical to the case—because one could believe that the government is harmed and still think that the harms in the other direction are sufficiently serious to justify leaving the district court’s injunction in place. But for the Supreme Court and emergency applications from the Trump administration, the rules are just … different.

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