Donald Trump and his dysfunctional administration has asked the Supreme Court directly to make a ruling on a proposed transgender military ban.
The lower district and federal courts have heard arguments to the ban, and have ruled in favor of the challenges. Because of this, the Trump administration is not able to implement the policy to ban transgender people from serving in the military.
There are several challenges in front of the courts, for example, the DC Circuit will hear arguments in December regarding the ban.
But this did not stop Solicitor General Noel Francisco from filing petitions with the Supreme Court. The petitions are asking the Court to make a ruling on the issues to three cases. If the justices take up the issues, their final ruling would decide it and remove all cases before the Federal courts system.
Typically, the Supreme Court will not take and/or hear cases that have not gone through the lower courts, but instead, consider previously issued opinions by lower court judges.
History of the ban
The proposed ban was first announced last year in July. One month later, he issued a memorandum that would end trans service that would have started at the beginning of 2018. However, there was immediate criticism against the policy and several lawsuits were filed challenging it.
To date, the first court to hear a case ruled against the policy and the judge in an opinion said that trans troops must be allowed to join. So, in March 2018 Trump issued a new policy which was a watered-down version.
The issue of the ban still remains tangled in the court system. Some trans people have been able to join the military, and others face obstacle after obstacle.
So, now Trump a petition before the Supreme Court will get the matter out of the labyrinth of the courts.
Trump vs judges
This past week Trump got into a Twitter dispute with Chief Justice of the Supreme Court John Roberts. Ranting about the US 9th Circuit Court of Appeals and referred to one judge as an ‘Obama judge’. Roberts, therefore, issued a shark rebuke to Trump’s comments.
‘We do not have Obama judges or Trump judges, Bush judges or Clinton judges,’ he said.
‘What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for.’
Trump responded to Roberts’ on Twitter