Trump’s Executive Orders Head To The Courts
Where we currently stand on key issues
President Trump’s executive orders (EOs) on sex and gender identity issues continue to face significant legal challenges. Some EOs remain in effect, while others are blocked in full or in part by federal courts.
We’ve compiled a list of the cases we’re watching on gender identity. Check back on this chart for regular updates.
1. EO #14168 ”Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government”
Order Text | Doe v. McHenry III | Moe v. Trump | Jones v. Trump
This order is currently facing multiple challenges, and portions of it have been blocked by the courts. Three different cases have been filed regarding the transfer of men back into men’s prisons based on this executive order. So far, a preliminary injunction and temporary restraining order have been granted to prevent the transfer in two of these cases. read more from WoLF about this case.
Another challenge was filed against the requirement to collect accurate sex data. There has not been an order granted for that case yet.
2. EO #14187 “Protecting Children From Chemical and Surgical Mutilation”
Order Text | Washington v. Trump | PFLAG v. Trump
This order has been blocked by a temporary restraining order in two cases, one which applies to only certain states and one which applies to the whole nation.
3. EO #14183 “Prioritizing Military Excellence and Readiness”
Order Text | Shilling v. Trump | Talbott v. Trump
There have been two cases brought against this executive order. No motions have yet been granted.
4. EO #14201 “Keeping Men Out of Women's Sports”
We are not aware of any cases yet brought against this order. However, it is mired in a complex set of federal regulations and state laws which will likely slow implementation. We expect to see challenges to this order.
5. EO #14190 “Ending Radical Indoctrination in K-12 Schooling”
We are not aware of any cases yet brought against this order.
What’s Next?
Several of these legal battles are expected to make their way through courts in the coming months. Some may even reach the Supreme Court, where key questions about the interpretation of sex under federal law could be definitively answered.
For more background, check out:
WIN: President Trump Issues Sweeping Executive Order on Sex and Gender Identity
Update: Courts Block Executive Order to Get Men Out of Women’s Prisons
WoLF will continue tracking these cases and updating our new Executive Order Stats Chart as decisions come down. Check back regularly for the latest updates on how these critical issues are faring in the courts.
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