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Trump asks for transgender military ban from Supreme Court in rare move

26 November 2018

Trump revisited that policy, the president issuing an order banning most transgender troops from serving except under limited circumstances.

It remains unknown if the Supreme Court will take up the case, and it doesn't take direction from the White House.

In the military case, the administration argued that the supreme court should step in before an appeals court rules because the case "involves an issue of imperative public importance: the authority of the USA military to determine who may serve in the Nation's armed forces". The U.S. Court of Appeals for the District Circuit is scheduled to hear an appeal of the ruling next month.

The Donald Trump government wants the Supreme Court to rule on its decision to ban transgender people from the US Army. Lower courts have issued injunctions on the issue but not yet delivered rulings.

GLAD, GLBTQ Legal Advocates & Defenders, represents plaintiffs in Doe v. Trump and Stockman v. Trump - two of the three cases that the Department of Justice has asked the Supreme Court to review.

Donald Trump asks Supreme Court to fast-track trans military ban ruling
JIM WATSON AFP Getty

"And absent this Court's prompt intervention, it is unlikely that the military will be able to implement its new policy any time soon", it said.

President Trump's decision late Friday to ban transgender Americans from serving in the us military was blasted by House Minority Leader Nancy Pelosi, who called the move "cowardly" and "disgusting".

"Francisco added that "[Defense] Secretary [Jim] Mattis and a panel of senior military leaders and other experts determined that the prior policy. posed too great a risk to military effectiveness and lethality". Further, the administration has never demonstrated the size of those costs or how they are prohibitive for the U.S. military's $52 billion health budget. The solicitor general argues that the issue is so important and time-sensitive that the government should be allowed to bypass the federal courts of appeals and go straight to the Supreme Court so that the justices can hear oral argument and issue a decision before the current Supreme Court term ends next June.

Trump reversed the policy, prompting outrage and lawsuits, which were ruled against the Trump administration.

The solicitor general reiterated past claims from the Trump administration on the matter, contending the ban would bolster the U.S. military's effectiveness and preparedness. 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.

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Trump asks for transgender military ban from Supreme Court in rare move