Skip to comments.Trump asks Supreme Court to hear challenge on transgender military ban
Posted on 11/23/2018 2:16:27 PM PST by yesthatjallen
The Trump administration on Friday asked the Supreme Court to take up the president's transgender military ban.
Solicitor General Noel Francisco filed a petition to Supreme Court justices Friday asking them to hear the issue currently being debated in three lower courts in order to have the case decided quicker, according to CNN.
Francisco also argued that the injunctions issued by lower courts warrant review for harming the military.
Trump first announced on Twitter his intention to ban transgender people from serving in the military in July 2017. In March of this year he signed a memo written by Defense Secretary James Mattis that banned most transgender people from serving in the military except under certain limited circumstances."
However, the policy has been blocked by district courts around the country, including the U.S. District Court for the District of Columbia in August.
According to Francisco, because of the injunctions "the military has been forced to maintain that prior policy for nearly a year" despite a determination by Mattis and a panel of experts that the "prior policy, adopted by [Defense Secretary Ash Carter], posed too great a risk to military effectiveness and lethality."
Normally, the Supreme Court waits for cases to make their way through lower courts before taking them up.
Groups involved in the lower level court challenges against the transgender ban sounded off on Trumps move to involve the Supreme Court on Friday.
There is no urgency here and no reason for the Court to weigh in at this juncture, said Jennifer Levi, LGBTQ Legal Advocates & Defenders Transgender Rights Project Director.
The injunctions preserve the status quo of the open service policy that was thoroughly vetted by the military itself and has been in place now for more than two years. This is simply one more attempt by a reckless Trump administration to push through a discriminatory policy. The policy flies in the face of military research and dozens of top military experts.
Let’s just let SCROTUS run everything.
The left views the military as nothing more than yet another platform for social engineering, much like a Boy Scouts for grown ups. Warfighting is way further down on their list as a function of the military.
In deference to the credentialed "experts", common sense gets thrown out.
Agree this is huge mistake. When they rule against Trump it will have ripples and we wont be able to keep the creeps out of the girls locker rooms and showers.
Why is he asking a civilian court to rule on what seems to me to be a military domain?
Will drive the Fudge Report and Frank Fudge crazy.
He will throw a hiss fit.
Roberts will rule its unconstitutional to preclude men that think their women and women that think their men from the Armed Forces. The reason is simple, in all likelihood hes a homosexual and his lesbian cousin said he would always make her happy on the court. She was exactly right.
He dissented in the Obergefell v. Hodges case in which Kennedy wrote for the majority, again 5-4, that same-sex couples had a right to marry. In Pavan v. Smith, the Supreme Court “summarily overruled” the Arkansas Supreme Court’s decision that the state did not have to list same-sex spouses on birth certificates thus siding with same-sex couples who filed the lawsuit; Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented but Roberts did not join their dissent leaving open speculation that he ruled with the majority.
Because Trump is sworn to uphold the Constitution, and the Constitution established three separate but equal branches of government. For the Executive branch to ignore the Judicial branch would be a direct affront to the oath every president takes. Like it or not, you have to work within the system if you want to fix the system rather than destroy it (which is what the left always tries to do).
That's why appointing constitutionalists to SCOTUS is key. SCOTUS needs to reign in the overreach of the lower courts until Congress provides clear limits on their jurisdiction, something that's also long overdue.
Did not know that, thank you, NKP_Vet.
I am praying he is next to step down.
“For the Executive branch to ignore the Judicial branch would be a direct affront to the oath every president takes.”
I wasn’t aware that the Executive took an oath to the Supreme court. Btw, The branches aren’t equal, either. Are you sure you’re a conservative? What reality are you living in?
If they require the military to keep them the cost of hormone treatment should come out of the judicial budget. Any cost of surgery should come out of the congressional budget
Translating your post...The courts, judges can violate the Constitution all day long and the Executive must grin and bear it while our republic is destroyed. I smell ozone.
Thank you for bringing reason to the thread.
The ignorance of some Freepers is downright embarrassing.
Downright embarrassing are the so called conservatives that think the court is the final arbiter of what is constitutional.
Don’t hold your breath.
They can keep the creeps out now?
Congress has the sole authority on the rules and regulations of the military.
For the JUDICIAL branch to ignore the EXECUTIVE branch would be a direct affront to the oath every judge takes.
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