Domestic Political Landscape |

In a bold move, President Donald Trump's administration has requested the Supreme Court to greenlight the enforcement of a controversial transgender troop ban while legal disputes are ongoing.

The administration's solicitor general, D. John Sauer, claims that allowing the ban to linger for several months would cause unnecessary strain on the military, as they are compelled to follow a policy deemed detrimental to their readiness and national interest.

This high court filing follows a brief federal appeals court ruling that maintained a court order blocking the policy across the nation.

The solicitor general, in his plea, urges the court to at least permit the ban to be implemented nationwide, except for the eight service members and one aspiring recruit suing against the policy. He has afforded a week for these service members' lawyers to voice their arguments.

As soon as he began his second term, Trump swiftly initiated measures to curtail transgender rights. One such action was an executive order suggesting that transgender service members' gender identities posed a conflict with the military's values of honor, truth, and discipline, potentially impacting military readiness.

In response, Defense Secretary Pete Hegseth issued a policy presumptively disqualifying transgender individuals from military service. However, in March, Judge Benjamin Settle in Tacoma, Washington, ruled in favor of long-serving transgender military members who deemed the ban derogatory, discriminatory, and damaging to their careers and reputations. Settle, a former captain in the U.S. Army Judge Advocate General Corps and appointee of President George W. Bush, criticized the administration for offering no clear explanation as to why transgender troops, who have served openly for four years without issue, should suddenly be banned.

Back in 2016, the Defense Department permitted transgender individuals to serve openly in the military, a policy continued during Trump's first term. During this time, Trump initiated a ban, with exceptions for those who had already begun transitioning under more lenient rules from Obama's Democratic administration. The Supreme Court allowed the 2019 ban to take effect, but President Joe Biden, a Democrat, subsequently scrapped it upon taking office.

The Defense Department's current rules make no exceptions. Recent surveys estimate that thousands of transgender individuals serve in the military, accounting for less than 1% of active-duty service members. The policy has also been challenged by a federal judge in the nation's capital, though this ruling has been temporarily suspended by a federal appeals court, which heard arguments earlier this week. The court's three-judge panel, which includes two appointees from Trump's first term, seemed sympathetic to the administration's stance.

In a separate case, a New Jersey judge recently barred the Air Force from terminating two transgender men, arguing that their dismissal would inflict lasting harm to their careers and reputations that no monetary compensation could adequately address.

Associated Press writer Lindsay Whitehurst contributed to this report.

Enrichment Data:The Supreme Court previously permitted a similar transgender military ban to take effect in 2019 by lifting lower-court injunctions, allowing enforcement while legal challenges persisted. This occurred after various federal courts had blocked the ban, with the Supreme Court granting the administration's emergency requests without addressing the merits of the case.

The current 2025 ban faces analogous challenges:- Legal basis: Revokes Biden's 2021 policy allowing transgender service and imposes restrictions on individuals with gender dysphoria or those who underwent related medical treatments[1][2].- Lawsuits: Challenged by seven transgender service members and a prospective Marine recruit in United States v. Shilling, alleging discrimination and baseless reasoning[3]. Federal judges issued nationwide injunctions, citing a lack of connection to military effectiveness[3].- Administration arguments: Claims the policy mirrors military values, such as humility, honesty, and discipline; gender identity conflicts are framed as incompatible with these values[2]. The DOJ maintains that lower courts inappropriately overstepped presidential authority regarding military eligibility[3]. This reflects the 2019 legal situation, where the Supreme Court permitted enforcement through emergency orders while litigation continued. The current case assesses whether new challenges can surmount the administration's revised justifications[1][3].

The Supreme Court had previously allowed a similar transgender military ban to take effect in 2019 by lifting lower-court injunctions, allowing enforcement while legal challenges persisted.
In his plea, the solicitor general urges the court to at least permit the ban to be implemented nationwide, except for the service members suing against the policy.
The current 2025 ban faces analogous challenges in the courts, with seven transgender service members and a prospective Marine recruit challenging it in United States v. Shilling, alleging discrimination and baseless reasoning.
Federal judges have issued nationwide injunctions, citing a lack of connection to military effectiveness as theirationale.
The administration argues that the policy mirrors military values such as humility, honesty, and discipline, and that gender identity conflicts are framed as incompatible with these values.
The higher court's three-judge panel, which includes two appointees from Trump's first term, seemed sympathetic to the administration's stance.
The Defense Department's current rules make no exceptions, and recent surveys estimate that thousands of transgender individuals serve in the military, accounting for less than 1% of active-duty service members.
In a separate case, a New Jersey judge recently barred the Air Force from terminating two transgender men, arguing that their dismissal would inflict lasting harm to their careers and reputations that no monetary compensation could adequately address.
Associated Press writer Lindsay Whitehurst and contributes to this report, highlighting that back in 2016, the Defense Department permitted transgender individuals to serve openly in the military, a policy continued during Trump's first term.