Administration asks SCOTUS to take up military transgender ban

Administration asks SCOTUS to take up military transgender ban

In the briefs filed yesterday, USA solicitor general Noel Francisco explained that the dispute requires the justices' immediate attention because the "prior policy" of allowing transgender individuals to serve "posed too great a risk to military effectiveness and lethality": The government can't afford to keep the old policy in place for a year while it waits for the courts of appeals to issue their rulings and then appeals to the Supreme Court.

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

The Supreme Court's rules say that it will review a federal trial court's ruling before an appeals court has spoken "only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this court".

The current policy was based on recommendations made by Defense Secretary James Mattis, who said the Pentagon found that exempting transgender people from military standards could undermine its readiness for combat.

"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".

President Donald Trump took the Pentagon by surprise in July 2017 when he said in a series of tweets that the government "will not accept or allow" transgender individuals to serve in any capacity in the USA military.




But judges in federal courts in Washington state, California, and Washington, D.C., refused to lift injunctions that they had issued against Mr. Trump's original ban to allow the updated policy to be enforced. An Obama administration policy change has allowed them to serve in the USA 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. 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.

When that happened in March, legal challenges immediately followed. Accordingly, the U.S. government is appealing those decisions, the Post noted.

In fact, federal courts of appeal should consider the verdicts of the three lower courts.

"There is absolutely no support for the claim that the ongoing service of transgender people would have any negative effect on the military at all", US District Judge Colleen Kollar-Kotelly ruled in a case filed in Washington.

The president directed the military to implement the new memorandum, which would effectively ban transgender individuals from serving in the military; the trial courts rejected the government's requests to allow it to implement the policy outlined in the new memorandum.

The U.S. Court of Appeals for the 9th Circuit has heard arguments on the merits of the case, but has not yet issued an opinion. As such, he believes that the case, which is being reviewed in lower courts right now, should be moved to the supreme court.

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