The court gave no reason for its order, but the staunch liberals on the bench, Ginsberg, Breyer, Sotomayor, and Kagan, noted their dissent.
“We are pleased the Supreme Court granted stays in these cases, clearing the way for the policy to go into effect while litigation continues,” said Kerri Kupec, a Department of Justice spokeswoman.
“The Department of Defense has the authority to create and implement personnel policies it has determined are necessary to best defend our nation,” she added.
“The Trump administration first petitioned the Supreme Court to decide directly on the legality of the trans-soldiers ban, after federal trial judges in California, Washington, D.C., and Washington state issued orders prohibiting its enforcement.”
“The plaintiffs in those lawsuits argue the policy violates a range of constitutional rights including the First Amendment, equal protection, and due process,” but many people fail to see how those claims are legitimate.
The government argued that SCOTUS intervention was necessary because activist liberals on lower courts were requiring “the military to maintain a policy that, in its own professional judgment, risks undermining readiness, disrupting unit cohesion, and weakening military effectiveness and lethality.”
“Subsequent to that request, the Justice Department filed a second petition proposing an alternative, asking that in the event the Court denied the first request, the justices could allow enforcement of the ban while litigation continues in the lower courts.”
The Supreme Court agreed and granted the request.
“The case will now return to the 9th U.S. Circuit Court of Appeals for further proceedings. Should the administration lose before the 9th Circuit, they can return to the Supreme Court for a definitive ruling on the legality of its restrictions on transgender soldiers.”
Tuesday’s decision is a strong indicator that the government would prevail in their rights if SCOTUS must issue the final ruling.
Many people have lamented the activist judges who impose their will over the rule of law, and point to places like Maryland and California where orders have been given to block presidential actions.
Fortunately, they claim, today’s decision will prevent those stays, which hindered the government from executing executive privilege.
“The president abruptly announced on Twitter in July 2017 that the military would not permit trans personnel to serve. Thereafter, former Defense Secretary James Mattis convened a panel of military experts to conduct an independent review of the subject. Their findings served as the basis of Mattis’ February 2018 memo which implemented Trump’s request.
“That memo provides that individuals with a history of gender dysphoria — a clinical term referring to anxiety triggered by the conflict between one’s biological sex and the gender with which they identify — may enlist provided they are willing to serve in their biological sex and have not suffered gender dysphoria for a continuous three-year period prior to recruitment.”
Those decisions seem imminently sensible to anyone with a particle of logic.
OutServe-SLDN, a non-profit that provides legal services to LGBT soldiers, promised to keep fighting for something only a handful of people want, tweeting, “To our transgender siblings-in-arms, veterans, and hopeful recruits: This battle is not yet over. You will not be left behind or forgotten.”