Trump admin asks Supreme Court to allow enforcement of transgender troop ban

Science, parental rights, and common sense collide in debates over identity and childhood.

Source: New York Post
1 min read
Why This Matters

The Pentagon has run some version of a fitness and deployability standard for as long as it's existed, and now a district judge is telling the executive branch it can't set policy on who serves. That's the actual dispute here, whatever else gets layered on top of it. Solicitor General Sauer's phrase "unprecedented intervention into military affairs" is doing real work in that filing, because it's true.

New Republican Times Editorial Board

Trump admin asks Supreme Court to allow enforcement of transgender troop ban
Image via New York Post

“If allowed to stand, the court of appeals’ decision would represent an ‘unprecedented intervention into military affairs,’”Solicitor General D. John Sauer wrote to the justices.

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Read at New York Post

How We See It

New Republican Times Editorial Board

The Pentagon has run some version of a fitness and deployability standard for as long as it's existed, and now a district judge is telling the executive branch it can't set policy on who serves. That's the actual dispute here, whatever else gets layered on top of it. Solicitor General Sauer's phrase "unprecedented intervention into military affairs" is doing real work in that filing, because it's true. Judges don't run troop readiness. They never have, and there's a reason for that.

You can disagree with the ban on the merits, plenty of people do, but the mechanism matters. A single district court blocking a nationwide military personnel policy while the case works through appeals is the kind of thing that should make people nervous regardless of which administration it targets. If a court can freeze Pentagon manpower policy indefinitely on a preliminary injunction, that's a precedent the next administration inherits too, and not everyone will love it when the shoe is on the other foot.

None of this requires pretending the underlying question is simple. Military medical and deployability standards get argued over constantly, and troops with all kinds of conditions have been excluded from service before without a court stepping in to override the Joint Chiefs. What's different this time is the willingness of a lower court to treat itself as the final word on force readiness rather than deferring to the people actually accountable for it. The Supreme Court taking this up isn't the administration trying to win by any means necessary. It's just what happens when a lower court reaches further than its job description.

Commentary written with AI assistance by the New Republican Times Editorial Board.