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".
U.S. President Donald Trump's administration asked the U.S. Supreme Court on Friday to review lower court rulings blocking a policy barring certain transgender people from military service. Trump revisited that policy, the president issuing an order banning most transgender troops from serving except under limited circumstances.
The Department of Justice filed a petition Friday asking the Supreme Court to rule on three separate cases consolidated into one, CNN reports, attempting to bypass the standard federal appeals process and presumably take advantage of a more conservative SCOTUS with the recent addition of Justice Brett Kavanaugh.
Current and aspiring military service members sued in courts around the United States after Mr. Trump announced his ban, which reversed Democratic former president Barack Obama's policy of allowing transgender troops to serve openly and receive medical care to transition genders. "There is no valid reason to jump the line now and seek U.S. Supreme Court review before the appellate courts have even ruled on the preliminary issues before them".
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The supreme court nearly always waits to get involved in a case until both a trial and appeals court have ruled. But Francisco told the Supreme Court the administration cannot afford to wait for those circuits to decide, and that the justices should accept the cases now so they can be heard in the current term. Francisco argues that lower court rulings imposing nationwide injunctions are wrong and warrant immediate review. "The policy flies in the face of military research and dozens of top military experts". "The injunctions preserve the status quo of the open service policy that was thoroughly vetted by the military itself and has been in place now for more than two years". Trump's recent salvo against the "Obama judge" who ruled against his asylum policy - not one of the issues now before the Supreme Court - prompted Chief Justice John Roberts to fire back at the president for the first time for feeding perceptions of a biased judiciary.
The court will hear arguments in the census question case in February.
The effort has drawn criticism from those who say such requests puts the Supreme Court in position to be seen as doing the administration's bidding. This month he co-authored a New York Times op-ed that called the president's appointment of Matthew Whitaker as acting Attorney-General "illegal" and "unconstitutional".