The Supreme Court has allowed President Trump’s ban on transgender people in the military to take effect — for now.
The administration appealed to the justices after a lower court slapped an injunction to stop the enforcement of the new policy.
The Justices did not give a reason for their decision Tuesday to allow the transgender ban. The order, however, noted that three Democratic appointees to the high court would have denied the administration’s request.
The majority of the court sided with Mr. Trump imposing the ban while the litigation plays out in courts.
Solicitor General Dean John Sauer told the justices that the district court’s universal injunction on the ban undermines the executive branch’s authority.
Mr. Trump ordered the ban in February, disqualifying people from military service if they suffer from gender dysphoria or have undergone transgender medical interventions.
The challenge to the ban was brought by seven transgender people, some of whom are in the military, while another wishes to join. They said the ban runs afoul of the Equal Protection Clause of the Constitution, the First Amendment and due process rights.
A federal court in Washington state issued the injunction, stopping the administration from implementing the policy while the issue is litigated.
The case is United States of America v. Emily Shilling.
