Trump Administration Asks Supreme Court to Take Up Ban on Transgenders in the Military

n yet another aggressive attempt to bypass federal appeals courts, the Trump administration asked the Supreme Court on Friday to hear a challenge to President Donald Trump’s policy that bars most transgender individuals from military service.

The policy, first announced by the President in July 2017 via Twitter and later officially released by Secretary of Defense James Mattis, blocks individuals who suffer from a condition known as gender dysphoria from serving with limited exceptions. It also specifies that individuals without the condition can serve but only if they do so according to the sex they were assigned at birth.

District courts across the country have so far blocked the policy from going into effect. The 9th Circuit Court of Appeals heard arguments in one challenge earlier this fall and the DC Circuit will hear arguments in early December.

On Friday, Solicitor General Noel Francisco filed petitions asking the justices to take up the issue in three separate cases that are still in lower courts so it could be decided definitively this term. Francisco argues that lower court rulings imposing nationwide injunctions are wrong and warrant immediate review.

He writes because of the injunctions, “the military has been forced to maintain that prior policy for nearly a year” despite a determination by Mattis and a panel of experts that the “prior policy, adopted by (Defense Secretary Ash Carter), posed too great a risk to military effectiveness and lethality.”

Earlier in the month, the Department of Justice warned the 9th Circuit Court of Appeals that it planned to ask for emergency relief to lift the nationwide injunction.

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SOURCE: CNN, by Ariane de Vogue and Joan Biskupic