Wednesday, 12 December, 2018

Trump Asks Top Court to Skip Protocol, Immediately Consider Trans Military Ban

President Donald J. Trump places a wreath at the Tomb of the Unknown Soldier as part of the 150th annual Department of Defense National Memorial Day Observance hosted by the Secretary of Defense at Arlington National Cemetery Trump takes transgender troops case to court
Gerardo Duncan | 27 November, 2018, 07:13

The Trump administration has asked the Supreme Court on Friday to promptly allow it to ban transgender people from serving in the USA armed forces in an unusual move that bypasses the regular federal legal process.

Typically, the nation's top court waits until regional appeals courts have ruled on an issue before weighing its constitutionality.

The administration wants the court to hear the dispute this term.

Between 4,000 and 10,000 United States active-duty and reserve service members are believed to be transgender. Federal District Court Judge Marsha Pechman of Seattle said that "discrimination against transgender people clearly is unrelated to their ability to perform and contribute to society".

"Francisco added that "[Defense] Secretary [Jim] Mattis and a panel of senior military leaders and other experts determined that the prior policy. posed too great a risk to military effectiveness and lethality".

The Trump administration argued Friday that the Supreme Court should get involved in this case early because it "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 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".

Trump first announced the anti-trans policy on Twitter in 2017, where he said that the military could not be burdened with "the tremendous medical costs and disruption" that transgender people would bring.

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.

The Trump administration issued a memorandum that bars people with a history of "gender dysphoria", which would require medical treatment, from being admitted to the USA military "except under certain limited circumstances".

When that happened in March, legal challenges immediately followed.

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

The Supreme Court has agreed only about a dozen times in the past century to take a case so quickly and bypass the federal appeals courts, usually involving a national emergency such as nationwide strikes in the steel and coal industries. Lawyers for the Justice Department filed petitions on Friday in three separate cases in regard to the ban on transgender military service members.

One of the lawsuits against the Pentagon policy has made its way to an appeals court, the San Francisco-based 9th U.S. Circuit Court of Appeals. "There is no valid reason to jump the line now and seek US Supreme Court review before the appellate courts have even ruled on the preliminary issues before them".

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