Unable to take even one day off from being horrible, the Trump administration on Friday asked the Supreme Court to bypass the lower courts considering Trump’s ban on transgender troops and rule on the issue this term.
Trump has tried to reverse the Obama-era policy allowing transgender people to serve in the military but has been thwarted thus far by federal courts. Trump’s solicitor general argues in his filing with the Supreme Court that “The decisions imposing those injunctions are wrong, and they warrant this Court’s immediate review.” In one of those decisions, U.S. District Judge Colleen Kollar-Kotelly wrote, “There is absolutely no support for the claim that the ongoing service of transgender people would have any negative effect on the military at all. In fact, there is considerable evidence that it is the discharge and banning of such individuals that would have such effects.”
There’s actually an intermediary court considering right now whether Judge Kollar-Kotelly is “wrong.” The U.S. Court of Appeals for the D.C. Circuit, the last stop before the Supreme Court, will hear an appeal on the ruling against the administration next month.
Clearly, with Brett Kavanaugh on the Supreme Court bench, the administration feels like it’ll have much better luck with that court than with the D.C. Circuit, and is thus trying to leap-frog that step.