Trump Administration Requests Supreme Court Review of Transgender Troop Ban

The Trump administration on Friday requested that the Supreme Court permit the Pentagon to enforce a ban on transgender troops, arguing that a lower court ruling blocking the policy was 'gravely erroneous.' The petition seeks a ruling on the constitutionality of the ban and aims to reverse a decision by the US Court of Appeals for the DC Circuit, which had prevented the Pentagon from expelling transgender service members. Solicitor General D. John Sauer stated in a letter to the justices that allowing the appeals court's decision to stand would represent an 'unprecedented intervention into military affairs.' In January 2025, President Trump signed an executive order banning transgender individuals from military service, claiming their presence could harm military readiness. Following the order, War Secretary Pete Hegseth implemented a policy disqualifying individuals with gender dysphoria from enlisting and encouraged active-duty transgender soldiers to leave voluntarily or face expulsion. In June, a panel from the appeals court ruled 2-1 to uphold a lower court's decision that found Trump's executive order likely violates the constitutional rights of transgender individuals. This ruling applied only to the transgender plaintiffs in the case, not to those wishing to join the military. Sauer contended that the appeals court's ruling warrants Supreme Court review, emphasizing the military's authority to determine who may serve. He stated, 'Whether the Constitution prohibits the military from exercising that authority by adopting a policy like the one here is a recurring issue.' The justices are expected to decide whether to take up the case when they return from their summer recess. Lawyers for the plaintiffs argued against Supreme Court intervention until the case concludes in lower courts. Shannon Minter, legal director for the National Center for LGBTQ Rights, stated that the Trump administration is attempting to expedite the expulsion of service members before a final judgment is reached, asserting that there is no circuit split or emergency warranting such action.