Trump Asks Supreme Court to Intervene, Rule on Trans Military Ban

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For the fourth time in recent months, the Trump administration is asking the Supreme Court to bypass lower courts and rule on a controversial proposal.

Typically, the nation's top court waits until regional appeals courts have ruled on an issue before weighing its constitutionality.

Bringing all three cases to the Supreme Court at once, Francisco added, will make sure that at least one of them will be a suitable case - known in Supreme Court parlance as a "vehicle" - in which to resolve the dispute.

This upsurge in petitions for certiorari before final judgment is attributed to the rapid increase of district judges with liberal judicial philosophies issuing nationwide injunctions over the past two years, essentially blocking entire federal policies.


On November 23, Francisco took the extraordinarily rare step of asking the Supreme Court to take each of those cases now, rather than wait for perhaps another year for the U.S. Courts of Appeals for the Ninth Circuit and D.C. Circuit to issue decisions.

The events giving rise to the government's appeals began in 2016, when then-Secretary of Defense Ashton Carter announced that transgender individuals would be allowed to serve in the military.

President Trump's decision late Friday to ban transgender Americans from serving in the USA military was blasted by House Minority Leader Nancy Pelosi, who called the move "cowardly" and "disgusting". The National Center for Transgender Equality notes that there are approximately 15,000 transgender people presently serving in the United States armed forces and that an estimated 134,000 USA veterans are trans. Individuals without a history of gender dysphoria would be required to serve under their biological sex.

Transgender individuals had never been able to serve in the us military, but Barack Obama attempted to change that policy shortly during his final term, and President Trump inherited that attempted policy change shortly after taking office.


When that happened in March, legal challenges immediately followed.

The newest case involves the Pentagon's policy of restricting military service by transgender people. Despite repeated attempts from federal courts to block it, the de facto ban is still keeping most trans troops out of service with bureaucratic red tape and increasingly obscure medical records requests. "In fact, there is considerable evidence that it is the discharge and banning of such individuals that would have such effects".

In the immigration case, the administration told the high court it should decide the fate of Daca ahead of an appeals ruling because the policy otherwise could be in place until the middle of 2020.

The U.S. Court of Appeals for the 9th Circuit heard oral argument in one of the cases on October 10, but it has not yet issued its ruling. That is why Washington has asked the court on Friday to examine that case. "There is no valid reason to jump the line now and seek US Supreme Court review before the appellate courts have even ruled on the preliminary issues before them".


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