Episode Details

Case Info: United States v. Shilling | Order Decided: 5/6/25 | Case No. 24A1030

Link to Docket: Here.

Question Presented: Whether the Supreme Court should stay the nationwide injunction issued by the United States District Court for the Western District of Washington.

Plain English Translation: This order means that the district court’s nationwide injunction is on hold until final adjudication of the case on the merits.  The district court’s nationwide injunction prohibited the Department of Defense from implementing a policy that generally disqualifies from military service individuals who have gender dysphoria or have undergone medical interventions for gender dysphoria.

Voting Breakdown: The Order is unsigned.  Justice Sotomayor, Justice Kagan, and Justice Jackson would deny the application.

Timestamps:

00:00 Introduction

00:16 Question Presented

00:28 Emergency Order Text

01:23 Voting Breakdown

01:31 Plain English Order Summary

02:07 Procedural History - Policy Adoption

02:39 Procedural History - Respondent Identities

02:52 Procedural History - District Court Orders

04:39 Procedural History - Government Appeals Denial of Stay of Nationwide Injunction to 9th Circuit; 9th Circuit Denies Appeal

05:15 Procedural History - Government Appeals Applies to Supreme Court for a Stay

05:20 Summary of Government Application - The Policy Satisfies Rational Basis Review

06:42 Summary of Government Application - The Policy Comports with the First Amendment

07:49 Summary of Government Application - The Policy Complies with the Due Process Clause and Principles of Equity

07:59 Summary of Government Application - The District Court Erred in Issuing a Nationwide Injunction

10:04 Summary of Government Application - The Remaining Factors Support the Issuance of a Stay