Government Seeks Quick Ruling on Transgender Troops Case

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The president announced on Twitter in 2017 that the country would no longer "accept or allow" transgender Americans to serve in the military, citing "tremendous medical costs and disruption". The U.S. Court of Appeals for the District Circuit is scheduled to hear an appeal of the ruling next month. The 9th Circuit Court of Appeals heard arguments in one challenge earlier this fall and the DC Circuit will hear arguments in early December.

Francisco asked the nine justices on Friday to circumvent that process, saying the administration can't afford to wait for lower courts to decide, the Washington Post reported Friday. Francisco argues that lower court rulings imposing nationwide injunctions are wrong and warrant immediate review.

The Trump administration has asked for the High Court to exercise that rule a couple times, most recently in the legal challenges to the DACA amnesty program for illegal aliens.

Administration officials say they want to ensure that the Supreme Court would be able to review the dispute before its term ends in June 2019.

The Trump administration has been unable to implement the transgender military ban because it was blocked by lower courts.

Trump takes transgender troops case to court

This upsurge in petitions for certiorari before final judgment is attributed to the rapid increase of district judges with liberal judicial philosophies issuing nationwide injunctions over the past two years, essentially blocking entire federal policies. Trump's recent salvo against the "Obama judge" who ruled against his asylum policy - not an issue now before the supreme court - prompted Roberts to fire back at the president for the first time, for feeding perceptions of a biased judiciary.

"This is simply one more attempt by a reckless Trump administration to push through a discriminatory policy", said Jennifer Levi, director of the transgender rights project for the antidiscrimination group GLBTQ Legal Advocates & Defenders, who represents some of the plaintiffs.

The events giving rise to the government's appeals began in 2016, when then-Secretary of Defense Ashton Carter announced that transgender individuals would be allowed to serve in the military.

Joshua Matz, publisher of the liberal Take Care blog, said the timing of the move could hardly be worse for chief justice John Roberts and other justices who have sought, under attack from Donald Trump, to dispel the notion the court is a political institution, especially since the politically fraught confirmation of Brett Kavanaugh. "Yet again, the Trump administration flouts established norms and procedures". Updated at some point this week, the website now has no mention of the word transgender and states that gender-specific job roles in the federal government should be assigned according to "biological sex".

Earlier this month, the administration asked the high court to fast-track cases on Trump's decision to end Deferred Action for Childhood Arrivals (Daca), which shields from deportation young undocumented immigrants brought to the U.S. as children.

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