The Supreme Court on Tuesday revived the Trump administration’s policy of barring most transgender people from serving in the military. In a brief, unsigned order, the justices temporarily allowed the ban to go into effect while the case moves forward.
The vote was 5 to 4. Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan dissented.
The policy, announced on Twitter by President Trump and refined by the defense secretary at the time, Jim Mattis, generally prohibits people identifying with a gender different from their biological sex from military service. It makes exceptions for several hundred transgender people already serving openly and for those willing to serve “in their biological sex.”
Challenges to the policy have had mixed success in the lower courts. Trial judges around the nation issued injunctions blocking it, and the United States Court of Appeals for the Ninth Circuit, in San Francisco, is expected to rule soon on whether to affirm one of them.
On Jan. 4, the United States Court of Appeals for the District of Columbia Circuit vacated a third injunction, that one issued by Judge Colleen Kollar-Kotelly, a federal trial judge in Washington. The appeals court said its ruling was “not a final determination on the merits.” But it handed the administration at least a provisional victory.
The Supreme Court granted stays of two other injunctions, issued by Federal District Court judges in California and Washington State, both in the Ninth Circuit.
Solicitor General Noel J. Francisco, representing the administration, had argued that the stays were needed to address a troubling phenomenon.
“It is with great reluctance that we seek such emergency relief in this court,” Mr. Francisco wrote. “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.” Read more via New York Times
18A625 TRUMP, PRESIDENT OF U.S., ET AL. V. KARNOSKI, RYAN, ET AL.
The application for stay presented to Justice Kagan and by her referred to the Court is granted, and the District Court’s December 11, 2017 order granting a preliminary injunction is stayed pending disposition of the Government’s appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the Government’s petition for a writ of certiorari, if such writ is sought. If a writ of certiorari is sought and the Court denies the petition, this order shall terminate automatically. If the Court grants the petition for a writ of certiorari, this order shall terminate when the Court enters its judgment. Justice Ginsburg, Justice Breyer, Justice Sotomayor, and Justice Kagan would deny the application.
18A627 TRUMP, PRESIDENT OF U.S., ET AL. V. STOCKMAN, AIDEN, ET AL.
The application for stay presented to Justice Kagan and by her referred to the Court is granted, and the District Court’s December 22, 2017 order granting a preliminary injunction is stayed pending disposition of the Government’s appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the Government’s petition for a writ of certiorari, if such writ is sought. If a writ of certiorari is sought and the Court denies the petition, this order shall terminate automatically. If the Court grants the petition for a writ of certiorari, this order shall terminate when the Court enters its judgment. Justice Ginsburg, Justice Breyer, Justice Sotomayor, and Justice Kagan would deny the application.