Trump Asks Supreme Court to Intervene, Rule on Trans Military Ban

The U.S. Supreme Court taken

The U.S. Supreme Court taken

In 2016, then-Defense Secretary Ashton B. Carter reversed a longstanding ban and said transgender individuals could serve openly in the military - and troops looking to transition could have that care paid for, and would be allowed to remain in service.

Mara Keisling, executive director of the National Center for Transgender Equality, charged that Donald Trump's latest gambit regarding his proposed trans military ban is yet another sign the president has "zero respect for this nation's military or the rule of law".

Although the Supreme Court nearly always waits for a federal appeals court to render a final decision on a case before the justices will review it, federal law and Supreme Court rule 11 give the justices jurisdiction over a case at any point after it is first docketed with the appellate court.

But yesterday the Trump administration made its second such request in less than 20 days, this time urging the justices to take up three cases (here, here and here) challenging the government's ban on service in the military by most transgender individuals.

President Trump's decision late Friday to ban transgender Americans from serving in the USA military was blasted by House Minority Leader Nancy Pelosi, who called the move "cowardly" and "disgusting".

It's not the first time that the administration has asked the Supreme Court to intercede in the appeals process.

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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.

On November 23, Francisco took the extraordinarily rare step of asking the Supreme Court to take each of those cases now, rather than wait for perhaps another year for the U.S. Courts of Appeals for the Ninth Circuit and D.C. Circuit to issue decisions.

The cases are Trump v. Karnoski, Trump v. Jane Doe 2, and Trump v. Stockman, and have not yet been assigned docket numbers in the Supreme Court of the United States.

The appeal of Pechman's discovery order went to the Ninth Circuit Court of Appeals, which Trump blasted bitterly earlier this week, complaining that an "Obama judge" from that circuit had blocked his effort to limit immigrants' ability to lodge asylum claims and that the circuit itself was consistently hostile to his prerogatives. "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".

While the US Court of Appeals for the 9th Circuit has heard arguments but not yet issued an opinion; the US Court of Appeals for the DC Circuit is scheduled to hear an appeal of the ruling in December, the Post noted. The supreme court for now has refused to block the climate change trial. Several lawsuits were filed over the administration's policy change, with lower courts all ruling against the Trump administration.

Added Lambda Legal Counsel Peter Renn: "Yet again, the Trump administration flouts established norms and procedures. 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".

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