Published: Tue, November 27, 2018
World Media | By Cesar Oliver

Government seeks quick ruling on transgender troops case

Government seeks quick ruling on transgender troops case

The Trump administration is asking the Supreme Court to fast-track cases on the president's decision to prevent certain transgender people from serving in the military.

"The President's ban is a cruel and arbitrary decision created to humiliate transgender Americans who have stepped forward to serve our country", she said in a statement.

In the military case, the administration argued that the Supreme Court should step in before an appeals court rules because the case "involves an issue of imperative public importance: the authority of the us military to determine who may serve in the Nation's armed forces".

People with gender dysphoria experience distress or discomfort as a result of a disparity between a their biological sex (assigned at birth) and what they feel their gender to be.

The Trump administration issued a memorandum that bars people with a history of "gender dysphoria", which would require medical treatment, from being admitted to the USA military "except under certain limited circumstances".

President Trump's decision late Friday to ban transgender Americans from serving in the US military was blasted by House Minority Leader Nancy Pelosi, who called the move "cowardly" and "disgusting". The administration asked the court on November 23, 2018, to take up three cases on the issue.

The appeal of Pechman's discovery order went to the Ninth Circuit Court of Appeals, which Trump blasted bitterly earlier this week, complaining that an "Obama judge" from that circuit had blocked his effort to limit immigrants' ability to lodge asylum claims and that the circuit itself was consistently hostile to his prerogatives.

This upsurge in petitions for certiorari before final judgment is attributed to the rapid increase of district judges with liberal judicial philosophies issuing nationwide injunctions over the past two years, essentially blocking entire federal policies.

The Trump administration on Friday (Nov 23) asked the Supreme Court to allow it to leapfrog federal appeals courts in several cases concerning the President's decision to bar transgender people from serving in the military. "In fact, there is considerable evidence that it is the discharge and banning of such individuals that would have such effects", U.S. District Judge Colleen Kollar-Kotelly wrote last spring in a case filed in the District of Columbia.

The government's appeals of those rulings had been moving forward.

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

Trump took Mattis's recommendations into account and adopted a policy in March which reversed an Obama administration directive allowing soldiers to switch their "gender marker" in their personnel records if they declared themselves as identifying as a member of the opposite sex. The supreme court for now has refused to block the climate change trial.

"It seems the Trump administration can't wait to discriminate", said Peter Renn of Lambda Legal.

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