Trump urges Supreme Court to let trans military ban proceed

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Transgender soldier defends his military service, opposition to Trump executive order

Nic Talbott, a transgender U.S. Army reservist, spoke with Fox News about his lawsuit challenging a Trump executive order barring transgender military personnel.

The Trump administration asked the Supreme Court on Thursday to allow its ban on transgender military service to proceed in the near-term while lower courts continue to debate the issue — arguing in a filing that further stalling the policy could pose a threat to U.S. military readiness.

In a court filing, the Justice Department requested the Supreme Court intervene to block a lower court's order and allow the military to disqualify from service "individuals who have gender dysphoria or have undergone medical interventions for gender dysphoria."  

Justices on the high court asked plaintiffs in the case to file a response brief by next week, indicating that they could move quickly on the issue. 

"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 said in the filing.

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The Trump administration has asked the Supreme Court to pause a lower court's ruling that temporarily blocked its ban on transgender troops in the military. (Getty Images)

At issue is President Donald Trump's Jan. 27 executive order requiring the Defense Department to update its guidance regarding "trans-identifying medical standards for military service" and to "rescind guidance inconsistent with military readiness." 

U.S. District Judge Benjamin Settle in March issued a preliminary blocking the Trump administration from identifying and removing transgender service members while the case proceeds.

The Trump administration immediately appealed the ruling to the Ninth Circuit Court of Appeals, which declined its request for an administrative stay.

Trump officials have argued that the transgender military 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. 

The policy has faced multiple legal challenges, including a high-profile lawsuit filed in Washington, D.C.

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Under fire is President Donald Trump's Jan. 27 executive order requiring the Defense Department to update its guidance regarding "trans-identifying medical standards for military service" and to "rescind guidance inconsistent with military readiness." (Brandon Bell/Getty Images)

On March 27, a three-judge panel on the D.C. Circuit Court of Appeals paused a lower court’s order blocking the ban. The panel emphasized that the stay "should not be construed in any way as a ruling on the merits" of the case.

The panel also said it reserved the right to lift the stay if the military was found to have taken adverse action against transgender service members.

U.S. District Judge Ana Reyes on March 26 denied the administration's motion to dissolve her earlier injunction blocking the Pentagon's transgender troop ban. The decision came two days before the ban was slated to take effect. 

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The policy has become the target of multiple legal challenges, with one notable suit out of Washington, D.C. (Chip Somodevilla/Getty Images)

Reyes had asked the government to push its original March implementation deadline, saying she wanted to allow more time for the appeals process. 

She also said she had previously allowed plenty of time to appeal her earlier opinion blocking the ban from going into effect. 

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"I don’t want to jam up the D.C. Circuit. That’s my main concern here," Reyes said during the March 21 hearing. "My chambers worked incredibly hard to get out an opinion on time."