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Nicole Austin
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Politics

Even as It Wins at the High Court, the Administration Loses Some Lower-Court Fights

August 8, 2026

Even as It Wins at the High Court, the Administration Loses Some Lower-Court Fights

The Trump administration has secured major victories at the Supreme Court on transgender policy — on military service, medical care for minors, and school sports. But a closer look at the broader litigation shows a more mixed picture, with several lower and state courts limiting parts of the administration’s agenda.

Federal judges issued injunctions in 2025 against elements of the executive orders, including restrictions tied to the Bureau of Prisons’ handling of transgender inmates and certain funding cuts for gender-affirming care. A district court also blocked the passport policy before the Supreme Court paused that ruling in November 2025.

Some of the most durable protections have come from state courts interpreting their own constitutions, which in several states provide broader guarantees than federal law. Analysts tracking the cases note that state courts have, in a number of instances, offered stronger protections for transgender residents than their federal counterparts.

The result is a fragmented legal landscape. Federal policy has moved in a restrictive direction and been largely sustained by the Supreme Court, while outcomes on the ground vary widely by jurisdiction and by the specific policy at issue. Many of the underlying cases have yet to reach a final ruling on the merits.

Sources: Washington Blade; The Fulcrum; National LGBTQ+ Bar EO Tracker.

Frequently asked questions

Has the administration won every transgender case?

No. Despite Supreme Court wins on military service, minors’ care, and sports, several lower and state courts have limited parts of its agenda.

What have courts blocked?

Federal judges issued 2025 injunctions against certain Bureau of Prisons restrictions and some funding cuts, and a court blocked the passport policy before the Supreme Court paused that ruling.

Why do outcomes vary?

Many protections come from state courts interpreting their own constitutions, so a transgender person’s rights increasingly depend on jurisdiction and the specific policy at issue.

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