Pelosi: Trump 'Cowardly' for Asking SCOTUS to Hear Cases on Transgender Troops

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President Trump announced via Twitter a year ago that he was canceling that policy, spurring a flurry of legal action.

The 9th US Circuit Court of Appeals, in San Francisco, has heard arguments in a separate appeal, but has yet to issue a ruling.

So it's rare for the justices to intervene early as the Trump administration has been pressing them to do.

The Obama administration made a decision to allow transgender individuals to serve in uniform, sparking a debate among military policy experts, though the new policy stance was not set to take effect until July 2017, six months after the end of Obama's tenure in office.

After the Trump administration asked the supreme court to issue an unusually quick ruling on the Pentagon's policy of restricting military service by transgender people, critics said the request was likely only to complicate a deteriorating relationship between the president and the federal judiciary.

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"The military has been forced to maintain [its] prior policy for almost a year", Francisco lamented, noting that "absent this Court's prompt intervention, it is unlikely that the military will be able to implement its new policy any time soon". The request, if granted, would mean not waiting for decisions from federal appeals courts now considering the issue. "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".

In the court filing requesting the Supreme Court's review, the Justice Department said Gen. Mattis and other military leaders determined that the Obama policy "posed too great a risk to military effectiveness and lethality".

Just last month, it was revealed that the Trump administration are considering implementing a policy that would change the definition of sex and gender.

The Obama administration created a policy allowing individuals who identify as transgender to serve in the military towards the end of former President Barack Obama's second term, but it was not scheduled to take effect until after Obama left office.

Added Lambda Legal Counsel Peter Renn: "Yet again, the Trump administration flouts established norms and procedures". At an especially sensitive moment for the Supreme Court, the Trump administration is "forcing it into a minefield that many justices would nearly surely prefer to avoid", Matz said. Diagnosed based on an individual's discomfort with their gendered appearance and identity as assigned at birth, that standard served for decades as the definitive metric of whether or not a person was permitted to receive transition resources like hormones and surgeries. "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". This would require bypassing the normal judicial process, as the Justice Department is essentially asking justices to review the cases before appeals courts have had an opportunity to rule on the issue.

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