Official White House Photo by Daniel Torok
CV NEWS FEED // The Trump administration asked the Supreme Court Thursday to lift lower court injunctions and reinstate its ban on “transgender” military personnel, arguing the rulings undermine executive authority and endanger national security.
“The Constitution entrusts to the political branches the authority to determine the composition of the armed forces,” wrote Solicitor General D. John Sauer in an emergency appeal. “The district court’s injunction nevertheless forces the military to maintain a different policy — one that the department has concluded is inconsistent with ‘the best interests of the military services’ and with ‘the interests of national security.'”
Federal judges Benjamin Settle of Washington and Ana Reyes of Washington, D.C. blocked the policy’s enforcement last month, citing constitutional concerns and a lack of justification.
In his opinion, Settle argued that “any claimed hardship” the military faces “pales in comparison to the hardships imposed on transgender service members.”
The Ninth Circuit Court of Appeals later denied the Trump administration’s request to move forward with enforcement. A separate review of Reyes’ ruling remains pending with the D.C. court.
The ongoing legal dispute comes in response to the Defense Department’s updated policy, finalized late February, which disqualifies individuals with gender dysphoria from serving in the military.
According to a February Pentagon memo, the military must consistently prioritize “readiness, lethality, cohesion, honesty, humility, uniformity, and integrity.”
“This policy is inconsistent with the medical, surgical, and mental health constraints on individuals with gender dysphoria or who have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria,” the memo stated.
President Donald Trump previously upheld the policy in a January executive order. The order barred “transgender” enlistment, paused so-called “gender-affirming” procedures, and authorized the discharge of certain “transgender” personnel.
Without the Court’s intervention, the administration warned, the injunction could remain in place for an extended period, threatening “military readiness and the Nation’s interests.”
The Supreme Court has asked for a response to the administration’s request by May 1.
