Trump Asks Supreme Court to Let Him Enforce Ban On Transgender Troops: He Wants the High Court to Allow the Ban to Take Effect While Lawsuits Challenging the Ban Proceed in the Lower Courts; Trump Asks Supreme Court to Reinstate Ban on Military Service for Trans People

Trump asks Supreme Court to let him enforce ban on transgender troops:

He wants the high court to allow the ban to take effect while lawsuits challenging the ban proceed in the lower courts.

President Donald Trump is asking the Supreme Court to allow the Pentagon to immediately enforce his plan to ban transgender people from the military while lawsuits challenging the plan move forward.

Two federal judges have barred the administration from expelling any transgender troops, ruling that Trump’s policy change is likely unconstitutional because it was motivated by discrimination and was not justified by valid military needs. Only one of those rulings, issued by a judge in Tacoma, Washington, is currently in effect.

Solicitor General John Sauer filed an emergency appeal with the high court Thursday arguing that the Tacoma judge, U.S. District Judge Benjamin Settle, overstepped his authority. His ruling “cannot be squared with the substantial deference” that courts should show toward the Department of Defense’s “professional military judgments” that transgender troops pose risks to military readiness, Sauer wrote.

“The Constitution does not authorize courts to second-guess the approach to gender transition adopted by the 2025 policy,” Sauer added.

In 2019, the Supreme Court split 5-4 as it ruled that the first Trump administration could proceed with a narrower ban that sought to exclude transgender people who had undergone gender transition and those unwilling to serve “in their biological sex” from the military.

President Joe Biden reversed that ban and allowed most transgender people to serve openly in the military. But shortly after returning to office, Trump revoked Biden’s policy and issued an executive order reinstating an even stricter ban.

Justice Elena Kagan, who initially handles emergency appeals arising from Washington state, gave the individuals challenging the ban until May 1 to file a response to the administration’s appeal. —>READ MORE HERE

WSJ: Trump Asks Supreme Court to Reinstate Ban on Military Service for Trans People:

Federal judge blocked reversal of Biden policy, saying government provided no evidence that transgender people undermined armed forces

The Trump administration asked the Supreme Court on Thursday to reinstate its ban on transgender individuals serving in the military, the latest in a string of emergency appeals that seek to save White House initiatives after losses in the lower courts.

The Defense Department “rationally determined that service by individuals with gender dysphoria would undermine military effectiveness and lethality—consistent with similar, longstanding determinations for a wide range of other medical conditions (such as asthma and hypertension),” Solicitor General John Sauer said in his filing.

Sauer said a lower court judge who blocked the ban was “usurping the Executive Branch’s authority to determine who may serve in the Nation’s armed forces.”

In January, Trump signed an executive order directing the Pentagon to exclude transgender members.

“Expressing a false ‘gender identity’ divergent from an individual’s sex cannot satisfy the rigorous standards necessary for military service,” Trump declared. “Adoption of a gender identity inconsistent with an individual’s sex conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life.”

In his brief, Sauer argued that the policy reflected no hostility toward trans people, but rather the military’s classification of gender dysphoria as one of many medical conditions that disqualify otherwise willing volunteers from military service. —>READ MORE HERE (or HERE)

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