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

27 November, 2018, 07:15 | Author: Angel Logan
  • The U.S. Supreme Court taken

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.

"It involves", he wrote, "an issue of imperative public importance: the authority of the USA military to determine who may serve in the nation's armed forces". Updated at some point this week, the website now has no mention of the word transgender and states that gender-specific job roles in the federal government should be assigned according to "biological sex".

Transgender individuals had never been able to serve in the USA military, but Barack Obama attempted to change that policy shortly during his final term, and President Trump inherited that attempted policy change shortly after taking office.

Trump first announced the anti-trans policy on Twitter in 2017, where he said that the military could not be burdened with "the tremendous medical costs and disruption" that transgender people would bring. As such, he believes that the case, which is being reviewed in lower courts right now, should be moved to the supreme court.

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. In January, it petitioned the Supreme Court to fast-track cases challenging the Trump administration's plans to end DACA, or Deferred Action for Childhood Arrivals.

"The military has been forced to maintain [its] prior policy for almost a year", Francisco lamented, noting that "absent this Court's prompt intervention, it is unlikely that the military will be able to implement its new policy any time soon". "In fact, there is considerable evidence that it is the discharge and banning of such individuals that would have such effects".

The request, filed by Solicitor General Noel Francisco, urges the high court to compound four separate legal challenges to US President Donald Trump's transgender ban and singularly rule on the issue this term.

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 revised plan reversed the policy imposed during the Obama administration, allowing transgender members to serve openly and even to receive sex reassignment surgery.

The government's appeals of those rulings had been moving forward. The District of Columbia federal court likewise refused to lift its identical injunction on August 6 and the Central District of California did the same on September 18.

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

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