Supreme Court enables continuation of Trump's transgender military ban

 May 7, 2025

A highly anticipated Supreme Court ruling deals a significant victory to President Donald Trump's efforts to restrict transgender individuals from serving in the U.S. military.

According to Fox News, the Supreme Court has lifted a lower court's injunction that had temporarily blocked the Pentagon from implementing Trump's transgender military ban, allowing the controversial policy to proceed while legal challenges continue.

The decision represents a crucial win for the Trump administration's military policies, though it does not address the underlying constitutional questions raised in the case Shilling v. United States. Three liberal justices - Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson - dissented from the majority ruling, indicating they would have kept the lower court's block in place.

Legal battle over military readiness concerns

The January executive order requires the Defense Department to update its "trans-identifying medical standards" guidance and remove any policies deemed inconsistent with military readiness. Trump administration officials argue that delaying implementation threatens military effectiveness.

U.S. Solicitor General D. John Sauer emphasized this point in the government's Supreme Court filing, stating that the military should not be forced to maintain a policy it believes undermines readiness and national interests. The administration contends the ban promotes crucial military objectives, including unit cohesion and discipline.

Seven transgender service members challenged the order in Seattle federal court, arguing it discriminates against transgender individuals without legitimate justification. A parallel lawsuit was also filed in Washington, D.C.

Multiple courts weigh constitutional questions

U.S. District Judge Benjamin Settle had issued a preliminary injunction in March, finding the plaintiffs would likely succeed in proving constitutional violations. His order aimed to preserve pre-ban policies while the case proceeded.

In his ruling, Settle wrote, "The government's arguments are not persuasive, and it is not an especially close question on this record."

The administration quickly appealed to the 9th Circuit Court of Appeals, where a three-judge panel initially upheld Settle's injunction before the Supreme Court's intervention. The D.C. Circuit Court of Appeals had separately overturned a similar injunction from U.S. District Judge Ana Reyes.

Ongoing challenges to military policies

The Justice Department has pledged to continue defending Trump's executive actions vigorously, including the military readiness order. This case represents one of several ongoing legal challenges to the administration's transgender service restrictions.

The ruling enables the Pentagon to begin identifying and removing transgender service members under the new policy guidelines. However, additional court battles lie ahead as lower courts examine the fundamental constitutional questions raised by the ban.

This directive aligns with Trump's broader efforts to reverse Biden-era diversity and inclusion initiatives across the federal government. Military leaders must now navigate implementing the controversial restrictions while managing potential impacts on current transgender service members.

Next steps in transgender military policy

The Supreme Court's decision allows the Defense Department to move forward with Trump's January executive order restricting transgender military service while legal challenges continue in lower courts. The ruling lifts Judge Settle's preliminary injunction that had temporarily blocked the policy's implementation. The case centers on whether Trump's military ban violates constitutional protections, with transgender service members arguing it discriminates without valid military justification. While the administration claims the policy promotes readiness and unit cohesion, multiple federal courts must still evaluate these arguments as the underlying lawsuits proceed through the judicial system.

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