Donald Trump asks USA court to fast-track trans military ban ruling

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

U.S. Solicitor General Noel Francisco filed a petition addressed to the Supreme Court on Friday, asking the justices to hear cases on Trump's policy regarding transgenders serving in the U.S. military.

The Obama administration made a decision to allow transgender individuals to serve in uniform, sparking a debate among military policy experts, though the new policy stance was not set to take effect until July 2017, six months after the end of Obama's tenure in office.

The Trump administration has, however, repeatedly asked the justices to hear appeals directly from district court rulings, most recently in several cases concerning its attempt to shut down a programme that shields some 700,000 young undocumented immigrants from deportation.

Earlier in the month, the Department of Justice warned the 9th Circuit Court of Appeals that it planned to ask for emergency relief to lift the nationwide injunction.

"The decisions imposing those injunctions are wrong, and they warrant this Court's immediate review", Francisco wrote Friday.

Trump's proposed transgender military ban is just one of the anti-trans measures his administration has tried to introduce since he was elected president.

"In my professional judgment, these policies will place the Department of Defense in the strongest position to protect the American people, to fight and win America's wars, and to ensure the survival and success of our Service members around the world", he added.

The revised policy under the Trump administration says that transgender individuals with a history of gender dysphoria are barred from military service "except under certain limited circumstances".

It remains unknown if the Supreme Court will take up the case, and it doesn't take direction from the White House.

In the summer of 2017, Trump announced that he no longer wanted to allow transgender people to any post in the army.

"Exempting such persons from well-established mental health, physical health, and sex-based standards, which apply to all Service members, including transgender Service members without gender dysphoria, could undermine readiness, disrupt unit cohesion, and impose an unreasonable burden on the military that is not conducive to military effectiveness and lethality", read the recommendation that was included in a court filing. "In fact, there is considerable evidence that it is the discharge and banning of such individuals that would have such effects".

Given the careful study of transgender military service by the Obama administration under Carter, the plaintiffs are seeking the basis for the military now arguing their presence in the service would cause problems. Oral argument has been scheduled for December 10 in the U.S. Court of Appeals for the District of Columbia Circuit; no argument date has been set in the 9th Circuit in the third case.

"It seems the Trump administration can't wait to discriminate", Peter Renn, Legal Counsel of Lambda Legal, said in a statement.

Normally, the Supreme Court waits to take action until regional appeals courts have ruled.

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