US News

Trump Administration Seeks To Enforce Trans Soldiers Ban In Supreme Court

In an unusual move, the Department of Justice asked the Supreme Court to let President Donald Trump’s administration enforce its ban on transgender military personnel while it litigates legal challenges to the policy.

Thursday’s application is the latest in a series of aggressive measures the Trump administration has taken at the Supreme Court.

“It is with great reluctance that we seek such emergency relief in this Court,” the government’s filing reads. “Unfortunately this case is part of a growing trend in which federal district courts, at the behest of particular plaintiffs, have issued nationwide injunctions, typically on a preliminary basis, against major policy initiatives.”

“Such injunctions previously were rare, but in recent years they have become routine,” the filing adds. “In less than two years, federal courts have issued 25 of them, blocking a wide range of significant policies involving national security, national defense, immigration, and domestic issues.”

The government cautioned that it is only seeking a stay should the high court decline to take up the cases at this stage. Two federal appeals courts are currently considering challenges to Trump’s order. The Justice Department broke with normal judicial procedure and asked the Supreme Court to decide on the legality of the trans ban on Nov. 23.

A decision on that petition has not yet been made. Thursday’s petition seeks authorization to enforce the trans ban should the justices reject that bid and send the case back to lower courts for further proceedings.

Though such requests are not common, government lawyers say it is necessary as a matter of timing. As a general matter, the high court’s docket for a given term is filled by mid-January. Therefore, if the justices turn down the request to take up the trans cases at this stage, there is practically no chance they will return to the Supreme Court in time to be heard this term.

As a result, the government could be required to accept trans recruits for another year “a period too long for the military to be forced to maintain a policy that it has determined, in its professional judgment, to be contrary to the nation’s interests,” the filing reads.

LGBT groups involved in the litigation have condemned the Justice Department’s assertive tactics.

“It is unconscionable that the Trump administration seems to be in such a rush to discriminate against perfectly qualified soldiers, sailors, marines and air force pilots, and patriotic Americans seeking only to serve their country,” Andy Blevins, executive director at OutServe-SLDN, said when the administration filed its November petition.

The administration’s ban on trans military personnel was challenged almost immediately after it was issued in 2017. Federal judges in Maryland; Washington, D.C., and Washington state issued decisions barring enforcement of the order shortly thereafter.

A decision on Thursday’s application is unlikely before January 2019.

Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. For licensing opportunities of our original content, please contact licensing@dailycallernewsfoundation.org

Kevin Daley

Share
Published by
Kevin Daley

Recent Posts

Why Have We Lost Respect For Israel and the Jewish People?

Some days in our history, Americans learn from generation to generation to treat with respect…

24 minutes ago

World’s Running Out Of Cushion To Blunt Iran War’s Oil Shock, Top Execs Say

The global oil market is burning through its remaining supply cushion as wars in the…

27 minutes ago

Memorials, Protests Held Across Israel On The Third Anniversary Of Terror Attack

On the three-year anniversary of the Oct. 7, 2023 attacks, events were held at over…

28 minutes ago

Trump Allies Cruise To Victory In Balkan Country’s Election

BANJA LUKA, BOSNIA AND HERZEGOVINA — A pro-Trump party in Bosnia and Herzegovina easily retained…

29 minutes ago

Major Election Forecaster Shifts Kansas Senate Race To Toss-Up for Seat Dems Haven’t Held Since FDR

Cook Political Report, a prominent elections forecaster, shifted the Kansas Senate race Tuesday from leaning…

30 minutes ago

Cookie Monster

Rush was right; Democrats know the only way they can win is to cheat. The…

31 minutes ago