In a holiday weekend effort to get around injunctions from four federal courts against President Donald Trump's efforts to bar transgender military service, the administration is asking the Supreme Court to lift three of those injunctions while these separate challenges to the policy - which the president first announced in a series of July 2017 tweets - play out in the lower courts.
The president directed the military to implement the new memorandum, which would effectively ban transgender individuals from serving in the military; the trial courts rejected the government's requests to allow it to implement the policy outlined in the new memorandum.
Transgender individuals had never been able to serve in the USA 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.
On July 26, 2017, President Trump settled the debate by announcing that the USA military would not include transgender individuals.
"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.
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 us military to determine who may serve in the Nation's armed forces".
The US government is appealing those decisions.
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It remains unknown if the Supreme Court will take up the case, and it doesn't take direction from the White House.
"The President's ban is a cruel and arbitrary decision created to humiliate transgender Americans who have stepped forward to serve our country", she said in a statement.
But Francisco told the Supreme Court the administration cannot afford to wait for those circuits to decide, and that the justices should accept the cases now so they can be heard in the current term. The 9th Circuit Court of Appeals heard arguments in one challenge earlier this fall and the DC Circuit will hear arguments in early December.
US District Judge Colleen Kollar-Kotelly wrote last spring that "there is absolutely no support for the claim that the ongoing service of transgender people would have any negative effect on the military at all". This is simply one more attempt by a reckless Trump administration to push through a discriminatory policy.
Pursuant to later, more detailed instructions from the commander-in-chief, Defense Secretary James Mattis conducted a study, modifying the original assessment and recommending that some transgender individuals can serve, but those with a history of gender dysphoria that results in expensive gender-reassignment surgery and others therapies that render them unable to serve for significant lengths of time should not be able to serve in uniform.
Normally, the Supreme Court waits to take action until regional appeals courts have ruled. "There is no valid reason to jump the line now and seek U.S. Supreme Court review before the appellate courts have even ruled on the preliminary issues before them".