Trump Pushes Supreme Court to Green-Light Transgender Military Ban

Sarah Johnson
April 24, 2025
The Trump administration is taking its case straight to the Supreme Court, asking justices to let its ban on transgender people serving in the military move forward, after lower courts put the brakes on the policy.
In a filing Thursday, the Justice Department argued that military leaders should be allowed to weed out recruits or service members with gender dysphoria, or those who've had medical treatments for the condition, citing concerns over military readiness and national interests.
According to the administration, being blocked by a district court's injunction for months or even years would tie the Pentagon's hands far too long, claiming it's a threat to the armed forces' ability to do their job properly.
The controversy centers on President Donald Trump's executive order from January 27, which directed the Defense Department to update its rules around "trans-identifying medical standards for military service" and toss out any guidance that gets in the way of what they see as readiness. Yes, it's another chapter in the never-ending saga of who gets to serve and under what conditions.
Back in March, U.S. District Judge Benjamin Settle issued a preliminary injunction, blocking the administration from removing transgender troops while the legal battle continues. The administration, frustrated, appealed to the Ninth Circuit, but a three-judge panel said no to lifting the injunction for now.
In court filings, the White House insists the ban is about promoting "military readiness, unit cohesion, good order and discipline, and avoiding disproportionate costs." But the Ninth Circuit didn’t buy the urgency, refusing to let the ban kick in while things are still being hashed out in court.
A Justice Department official doubled down, saying the department is standing by Trump's executive orders and will keep fighting for the policy in court.
The policy is facing legal challenges from multiple angles, including a high-profile lawsuit in Washington, D.C. On March 27, a three-judge panel in the D.C. Circuit paused a lower court's order blocking the ban, but stressed they weren't ruling on the merits just yet and could step in if the military crossed the line.
U.S. District Judge Ana Reyes, meanwhile, refused to dissolve her earlier injunction that blocked the Pentagon’s transgender troop ban just two days before it was supposed to go live. She also told the government to slow its roll on implementing the ban, saying she wanted the appeals process to play out properly. Judge Reyes didn't mince words about her concerns for the court’s workload, making it clear she wasn't keen on rushing a decision.
Editor's Comments
Watching the courts and the Pentagon play ping-pong with people’s lives is something else. Judge Reyes sounds like she’d rather schedule boot camp for lawyers than let this case bulldoze through her calendar. And if the Supreme Court weighs in, maybe we’ll finally see if the scales of justice can survive the military’s fitness test.
— Sarah Johnson
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