Supreme Court allows transgender troop ban
The US Supreme Court will let the Trump administration begin executing its ban on transgender military service members
What happened
The Supreme Court Tuesday said the Trump administration's ban on transgender military service members could go into force while the policy is litigated in a lower court. The justices did not explain their decision, which the court's three liberal justices opposed.
Who said what
The Pentagon said transgender troops would be banned and purged after President Donald Trump signed an executive order calling transgender identity a "falsehood" conflicting with "a soldier's commitment to an honorable, truthful and disciplined lifestyle." Two federal judges blocked the ban in March. One stay was paused by an appellate panel in Washington, D.C., but the U.S. 9th Circuit Court of Appeals declined to lift a nationwide injunction issued by U.S. District Judge Benjamin Settle, a George W. Bush appointee.
Settle said the government's "unrelenting reliance on deference to military judgment is unjustified in the absence of any evidence" presented to justify forcing out honorably serving transgender troops. Government lawyers argued that "federal judges were overstepping their bounds by intruding on" Trump's authority to "supervise the armed forces," Politico said. The Supreme Court's sanctioning of Trump's sweeping "government-imposed bigotry" is "shameful," Mark Joseph Stern said at Slate, and the terse, "unreasoned brush-off" of Settle's "diligent, top-to-bottom evisceration" of the government's rationale is "especially galling."
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What next?
The case returns to the 9th Circuit. But the Supreme Court's lifting of Settle's hold "is a strong indicator that the administration is ultimately likely to prevail," NPR said.
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Rafi Schwartz has worked as a politics writer at The Week since 2022, where he covers elections, Congress and the White House. He was previously a contributing writer with Mic focusing largely on politics, a senior writer with Splinter News, a staff writer for Fusion's news lab, and the managing editor of Heeb Magazine, a Jewish life and culture publication. Rafi's work has appeared in Rolling Stone, GOOD and The Forward, among others.
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