Government Seeks Quick Ruling on Transgender Troops Case

27 November, 2018, 07:17 | Author: Clarence Schmidt
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President Trump's decision late Friday to ban transgender Americans from serving in the USA military was blasted by House Minority Leader Nancy Pelosi, who called the move "cowardly" and "disgusting".

The government's appeals of those rulings had been moving forward.

The U.S. Court of Appeals for the 9th Circuit has heard arguments on the merits of the case, but has not yet issued an opinion.

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. Lawyers for the Justice Department filed petitions on Friday in three separate cases in regard to the ban on transgender military service members.

In the briefs filed yesterday, US solicitor general Noel Francisco explained that the dispute requires the justices' immediate attention because the "prior policy" of allowing transgender individuals to serve "posed too great a risk to military effectiveness and lethality": The government can't afford to keep the old policy in place for a year while it waits for the courts of appeals to issue their rulings and then appeals to the Supreme Court. On April 13, 2018, a federal judge in the U.S. District Court for the Western District of Washington [State] refused to lift the preliminary injunction blocking the first version of the policy.

Trump takes transgender troops case to court

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. "No one with the strength and bravery to serve in the us military should be turned away because of who they are", she said in a statement.

"As Americans come together and give thanks for the sacrifices made by our courageous service members and their families, the Trump-Pence administration is focused on undermining our military by tripling down on this discriminatory ban", said Rick Zbur, executive director of Equality California, which brought one of the successful suits against the ban.

In both sets of cases, Solicitor-General Noel Francisco told the justices that prompt action was required to ensure that the Supreme Court could rule before its current term ended in June.

"It seems the Trump administration can't wait to discriminate", Peter Renn, Legal Counsel of Lambda Legal, said in a statement. At an especially sensitive moment for the Supreme Court, the Trump administration is "forcing it into a minefield that many justices would nearly surely prefer to avoid", Matz said. Individuals without a history of gender dysphoria would be required to serve under their biological sex. Historically, district courts would render relief only for the parties in the case before them, or at minimum would often stay broad decisions while the government takes the case up on appeal.



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