The Trump administration is asking the Supreme Court to review a lower court's ruling that temporarily blocked the ban on transgender forces in the military.
In filing Thursday, the Justice Department demanded that the High Court suspend lower court injunctions and allow the military to disqualify “an individuals suffering from gender discomfort or who have received medical intervention for gender discomfort” from service.
“In the absence of a stay, the district court's universal injunction will remain ongoing for the period of further examination in the 9th Circuit and this court, a long time for the military to be forced to maintain a policy that it finds in its professional judgment as opposed to the state's hearing and interstate control.”
At issue is President Donald Trump's January 27 executive order that calls for the Department of Defense to update its guidance on “introducing healthcare standards for military service” and “rescissing guidance that contradicts military preparation.”
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The Trump administration has called on the Supreme Court to suspend a lower court's ruling that temporarily blocked the ban on transgender forces in the military. (Getty)
US District Judge Benjamin Settle issued a temporary injunction in March, banning the identification and removal of transgender service members while the case is ongoing.
The administration appealed to the Ninth Circuit Court of Appeals, but a three-judicial panel rejected a request to maintain the injunction.
The administration argued in a court application that the policy “promotes the government's important interests in military preparation, unit unit unity, proper order and discipline, and avoids disproportionate costs.”
However, the 9th Circuit refused to allow administrative stays.
“The Justice Department has vehemently defended President Trump's enforcement actions, including prioritizing military excellence and preparation enforcement orders,” a Justice Department official told Fox News Digital at the time.
The policy faces multiple legal challenges, including a well-known lawsuit filed in Washington, D.C.
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President Donald Trump's January 27 executive order under the fire requires the Department of Defense to update guidance on “introducing healthcare standards for military service” and “rescissing guidance that is inconsistent with military preparation.” (Brandon Bell/Getty Images)
On March 27, a three-person judge panel from the DC Court of Appeals Court suspended the lower court order obstructing the ban. The panel emphasized that the stay “should never be interpreted as a merit ruling.”
The panel also said it reserved the right to lift the stay if it was found that the military had acted unfavourable against transgender service members.
On March 26, US District Judge Ana Reyes denied the administration's allegations to resolve her previous injunction blocking the Pentagon's transgender forces. The decision came two days before the ban came into effect on March 28th.
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The policy has targeted multiple legal challenges, and has led to one notable lawsuit from Washington, DC. (Chip Somodevilla/Getty Images)
Reyes asked the government to push for the deadline for the original March implementation, saying he wanted to allow more time for the appeal process.
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She also said she had allowed enough time to sue her previous opinions that had previously prevented the ban from coming into effect.
“I don't want to pack the DC circuit, that's my main concern here,” Reyes said at a March 21 hearing. “My room worked incredibly hard to give my opinions on time.”
Breanne Deppisch of Fox News Digital contributed to this report.
