The constitutionality of the transgender ban is yet to be decided, but Tuesday’s ruling suggests it is likely to be upheld
The US Supreme Court on Tuesday set aside nationwide orders from three federal judges and ruled the Defence Department could now enforce President Donald Trump’s policy that effectively bans transgender people from serving in the military.
The justices acted on a 5-4 vote, over dissents by Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan.
The court’s decision, though not a final ruling on the constitutional question, is a significant victory for Trump and his lawyers. Last month, they filed emergency appeals in the high court and urged the justices to act now to put Trump’s ban into effect while the legal fight continued in the lower courts.
Trump’s Solicitor General Noel Francisco said keeping the president’s policy on hold “posed too great a risk to military effectiveness and lethality,” and he urged the court to defer to the “professional judgment” of the military’s leaders.
The decision suggests the justices are likely to uphold the Trump policy when the constitutional case eventually reaches the high court. But advocates for the transgender troops believe their lawsuits will reveal the Defence Department had no valid basis for reimposing a discriminatory policy.
In Trump vs Karnosky and two companion cases, the court said the “preliminary injunction is stayed pending disposition of the government’s appeal” in the lower courts.
