Trump Administration Takes Military Plans to Supreme Court

The Trump administration is turning to the U.S. Supreme Court to revive its ban on transgender individuals serving in the military, asking the justices Thursday to step in after lower courts continued to block enforcement.
The move comes after the Ninth Circuit Court of Appeals refused to pause a ruling from a lower court that halted Trump’s new policy. In an emergency application, the administration slammed the district court’s “universal injunction,” arguing it undermines the executive branch’s authority over military readiness decisions.
The filing emphasized that allowing the injunction to remain “for a period far too long” would undermine military effectiveness and national security — despite previous Supreme Court precedent upholding similar policies.
“The district court issued a universal injunction usurping the Executive Branch’s authority to determine who may serve in the Nation’s armed forces,” the filing reads.
The Supreme Court has given opponents of the policy until May 1 to respond to the administration’s request.
This latest battle stems from Judge Benjamin H. Settle’s March 27 ruling blocking the ban. Settle, a George W. Bush appointee, claimed transgender service members were likely to succeed in their legal challenge and that “protecting the constitutional rights of citizens” outweighs the military’s concerns.
Settle argued the military has operated “smoothly” for years under the Biden-era “Austin Policy,” which allowed open transgender service.
The Trump administration, however, contends that military readiness and cohesion must come before social experiments, especially given the highly demanding and unique nature of military service.
The transgender military ban was one of the first major reversals Trump implemented after retaking office. His defense officials argue the policy ensures military standards remain consistent and that medical readiness and deployability are prioritized over ideological considerations.
Under Trump’s policy, individuals diagnosed with gender dysphoria would generally not be allowed to enlist or serve unless they remained in their biological sex.
Critics on the left predictably exploded over the Supreme Court appeal, accusing Trump of cruelty and discrimination, while supporters countered that military effectiveness should not be sacrificed for political correctness.
The Supreme Court’s decision on whether to allow the ban to go into effect could come in early May, setting up another major political flashpoint heading into the summer.
Stay tuned — this fight is just getting started.