| A soldier of the US army wears the country’s flag on his uniform during
the US army Europe and Africa-directed exercise Combined Resolve 19 at
the Hohenfels trainings area, southern Germany, on October 24, 2023. The Supreme Court ruled on Tuesday in favor of the Trump
administration, allowing a transgender ban to be implemented into the
U.S. military by lifting a lower court order.
The ruling by the higher court gives the White House a massive
victory, as the justices granted an emergency request by the Trump
administration to lift the injunction.
The court’s order noted that the three liberal justices on the Supreme Court were against lifting the order.
The January 27th executive order issued by the
administration would require the Defense Department to update its
guidance regarding “trans-identifying medical standards for military
service” and to “rescind guidance inconsistent with military readiness.”
In their arguments, the Trump administration said that continuing to
pause the policy could pose a threat to U.S. military readiness.
“Absent a stay, the district court’s universal injunction will remain
in place for the duration of further review in the Ninth Circuit and in
this Court – a period far too long for the military to be forced to
maintain a policy that it has determined, in its professional judgment,
to be contrary to military readiness and the Nation’s interests,” U.S.
Solicitor General D. John Sauer told the court.
Additionally, Trump’s team argued that the current “transgender
military policy furthers the government’s important interests in
military readiness, unit cohesion, good order and discipline, and
avoiding disproportionate costs.”
The case was immediately challenged by seven transgender military
members who brought the suit against the administration in a
Seattle-based court, and in Washington, D.C.
In the Seattle Case, the plaintiffs argued that the executive order
“turns away” transgender military personnel “and kicks them out – for no
legitimate reason.”
“Rather, it baselessly declares all transgender people unfit to
serve, insults and demeans them, and cruelly describes every one of them
as incapable of ‘an honorable, truthful, and disciplined lifestyle,
even in one’s personal life,’ based solely because they are
transgender,” it continued.
At the time, the U.S. District Judge Benjamin Settle 
issued a
preliminary injunction back in March, which blocked the Trump
administration from identifying and removing transgender service members
as the suit went up the lower courts.
Judge Settle characterized the ban as a “blanket prohibition on transgender service.”
“The government’s arguments are not persuasive, and it is not an
especially close question on this record,” Settle wrote at the time.
He also wrote that the injunction was set in place to help “maintain
the status quo of military policy regarding both active-duty and
prospective transgender service,” which were in place before Trump’s
January 27th executive order.
In response, the Trump administration immediately appealed the injunction to the 9th Circuit.
The 47th administration argued at the time that the policy
“furthers the government’s important interests in military readiness,
unit cohesion, good order and discipline, and avoiding disproportionate
costs.”
“The Department of Justice has vigorously defended President Trump’s
executive actions, including the Prioritizing Military Excellence and
Readiness Executive Order, and will continue to do so,” a Justice
Department official told Fox News Digital at the time.
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