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Trump administration
asks Supreme Court to
take up military
transgender ban
By Ariane de Vogue and Joan Biskupic, CNN
Updated 1552 GMT (2352 HKT) November 24, 2018
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(CNN)In yet another aggressive attempt to bypass federal appeals courts, the Trump
administration asked the Supreme Court on Friday to hear a challenge to President Donald
Trump's policy that bars most transgender individuals from military service.

The policy, first announced by the President in July 2017 via Twitter and later officially
released by Secretary of Defense James Mattis, blocks individuals who suffer from a
condition known as gender dysphoria from serving with limited exceptions. It also specifies
that individuals without the condition can serve but only if they do so according to the sex
they were assigned at birth.

District courts across the country have so far blocked the policy from going into effect. The
9th Circuit Court of Appeals heard arguments in one challenge earlier this fall and the DC
Circuit will hear arguments in early December.

On Friday, Solicitor General Noel Francisco filed petitions asking the justices to take up the
issue in three separate cases that are still in lower courts so it could be decided definitively
this term. Francisco argues that lower court rulings imposing nationwide injunctions are
wrong and warrant immediate review.

He writes because of the injunctions, "the military has been forced to maintain that prior
policy for nearly a year" despite a determination by Mattis and a panel of experts that the
"prior policy, adopted by (Defense Secretary Ash Carter), posed too great a risk to military
effectiveness and lethality."

House Democratic Leader Nancy Pelosi vowed to "fight this discriminatory action" in a
statement Saturday.

"The President's ban is a cruel and arbitrary decision designed to humiliate transgender
Americans who have stepped forward to serve our country," she added. "This bigoted ban
weakens our military readiness and our country, and shows this president's stunning lack of
loyalty to those who risk all to defend our freedoms."

Earlier in the month, the Department of Justice warned the 9th Circuit Court of Appeals that
it planned to ask for emergency relief to lift the nationwide injunction.

Trump calls 9th Circuit a 'big thorn in our side,' accuses judges of imperiling US security
 The filing comes after Chief Justice John Roberts and Trump got into a public dispute about
the independence of the judiciary this week. Roberts issued a rare statement on
Wednesday criticizing the President for calling one lower court judge who ruled against him
an "Obama judge." The President responded via Twitter criticizing Roberts and accusing
the American judiciary of undermining national security.

Under normal circumstances, the Supreme Court does not like to take up an issue before it
has made its way through the lower courts. The justices like to have issues percolate below
so that they can benefit from the opinions of lower court judges.

Francisco has moved aggressively at times to get cases before a Supreme Court that is
more solidly conservative with the addition of Justice Brett Kavanaugh.

Francisco asked the justices to step in to review the lower court's decision in a case related
to the addition of a citizenship question to the 2020 Census. He also asked them to
review an adverse lower court opinion blocking the proposed phase-out of the Deferred
Action for Childhood Arrivals program.

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