Trump administration wants Supreme Court to take up transgender military ban now

Trump administration wants Supreme Court to take up transgender military ban now

The Trump administration asked the US Supreme Court on Friday to break judicial protocols and consider the ban on transgender people serving in the US military.

Typically, the nation's top court waits until regional appeals courts have ruled on an issue before weighing its constitutionality. He wants them to hear the case in the current term, which began in October and will be end in June or July of 2019.

"The President's hateful ban is purpose-built to humiliate our fearless transgender members of the military who serve with honor and dignity", she added.

He writes because of the injunctions, "the military has been forced to maintain that prior policy for almost 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".

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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".

The Trump administration has, however, repeatedly asked the justices to hear appeals directly from district court rulings, most recently in several cases concerning its attempt to shut down a programme that shields some 700,000 young undocumented immigrants from deportation. "The administration ought to be thanking them for their service - not trying to score political points by purging them from our military". The National Center for Transgender Equality notes that there are approximately 15,000 transgender people presently serving in the USA armed forces and that an estimated 134,000 U.S. veterans are trans.

Under Trump's plan, transgender people would only be allowed to serve in the military in "limited circumstances".

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.

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When that happened in March, legal challenges immediately followed.

The Supreme Court nearly always waits to get involved in a case until both a trial and appeals court have ruled in it. Lawyers for the Justice Department filed petitions on Friday in three separate cases in regard to the ban on transgender military service members.

The Supreme Court does not ordinarily intercede until at least one appeals court has considered an issue, and it typically awaits a disagreement among appeals courts before adding a case to its docket. Roberts issued a rare statement on Wednesday criticizing the President for calling one lower court judge who ruled against him an "Obama judge". "In fact, there is considerable evidence that it is the discharge and banning of such individuals that would have such effects".

The Trump administration is asking the Supreme Court to fast-track cases on the president's decision to prevent certain transgender people from serving in the military.

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However, the subject matter seems to be without precedent, meaning it's ripe for a Supreme Court review.

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