Trump takes transgender troops case to court

Barack-Obama-and-Nancy-Pelosi

The Pentagon initially lifted its ban on transgender troops serving openly in the military in 2016 under the orders of the Obama administration.

"As Americans come together and give thanks for the sacrifices made by our courageous service members and their families, the Trump-Pence administration is focused on undermining our military by tripling down on this discriminatory ban", said Rick Zbur, executive director of Equality California, which brought one of the successful suits against the ban.

In the military case, the administration argues that the Supreme Court should step in before an appeals court rules, because the case involves the authority of the United States military to determine who may serve in the armed forces. It also specifies that people without the condition can serve but only if they do so as the sex they were assigned at birth.

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. Less than a month later, on July 26, 2017, President Donald Trump announced on Twitter that the USA military would not allow transgender individuals to serve "in any capacity".

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The Supreme Court nearly always waits to get involved in a case until both a trial and appeals court have ruled in it.

The Trump administration is asking the U.S. Supreme Court to issue an unusually quick ruling into the military's policy of restricting military service by transgender people.

Francisco has moved aggressively at times to get cases before a Supreme Court that is more solidly conservative with the addition of Justice Brett Kavanaugh. Not all transgender people suffer from gender dysphoria, according to the association, which opposes the military ban.

The administration is requesting that the Supreme Court rules on the matter before the case is heard by appellate courts. "In fact, there is considerable evidence that it is the discharge and banning of such individuals that would have such effects". "The injunctions preserve the status quo of the open service policy that was thoroughly vetted by the military itself and has been in place now for more than two years".

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The U.S. Court of Appeals for the 9th Circuit has heard arguments on the merits of the case, but has not yet issued an opinion.

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

"Today, the US Department of Justice announced its intent to short-circuit established practice, asking the US Supreme Court to review a preliminary district court ruling before the 9th Circuit Court of Appeals has even had an opportunity to rule", said Mr Peter Renn, a lawyer with Lambda Legal, which represents the challengers in one of the cases Mr Francisco asked the Supreme Court to consider.

Pete Williams is an NBC News correspondent who covers the Justice Department and the Supreme Court, based in Washington.

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