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 Trump’s 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.”
Any “expert” who suggests this promotes readiness is a charlatan.
“Because Trump is sworn to uphold the Constitution, and the Constitution established three separate but equal branches of government.”
True, so why should the Executive branch, in carrying out an obvious Constitutional mandate, per heading up the military, seek permission from the Judicial branch if they are co-equal?
As long as the Constitutional remedies for overreaching judges are in place they need to be exhausted even if some find the process slow and inefficient. Another reason why Trump's SCOTUS appointments are crucial to the long term health of the republic.
Those with mental disorders of all types and women in combat were executive fiats of King Obamagabe. When this country used to have standards and good sense and let military commanders decide what was in the best interest of the military, those with mental disorders and women in combat were were forbidden in the military. No executive order could overrule the US Congress and Congress always sided with military commanders. Along comes King Obamagabe who could care less what every military study for the last 200 years said and he did what in the hell he wanted to do and that’s why Trump is now dealing with these SOCIAL EXPERIMENTS in the military. It’s all BS and insanity but that’s what you get when crazied democrats are put in charge of anything.
“If a president can summarily ignore any court opinion they disagree with that’s a terrible precedent.”
That terrible precedent was started quite a while back.
“John Marshall [Chief Justice of Supreme Court] has made his decision. Now let him enforce it.”
President Andrew Jackson
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