The Trump administration's ban on transgender troops will be allowed to take effect after the Supreme Court on Tuesday paused a lower court's block against the ban.
In a brief order, the Supreme Court said it was granting the Trump administration's emergency application to stay a preliminary injunction issued by a federal court in Washington state.
The order doesn't end the court battle against the ban, but will allow it to take effect while an appeals court more thoroughly considers the Trump administration's request to nullify the injunction.
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The order offers no details on the court's reasoning, but notes that the three liberal justices -- Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson -- dissented.
Defense Secretary Pete Hegseth posted on social media after the ruling that there will be "No More Trans @ DoD." The Defense Department offered no further comment on Tuesday afternoon.
In January, President Donald Trump ordered the Pentagon to craft a policy that reflects the administration's position that being transgender is "not consistent with the humility and selflessness required of a service member."
The resulting Pentagon policy, released in February, said troops with a history of gender dysphoria, who "exhibit symptoms" of gender dysphoria or who have transitioned to their gender identity would be disqualified from service. On paper, the policy allows transgender troops to apply for a waiver to avoid being discharged, but advocates say the criteria for a waiver are impossible to meet.
Trump's order and the Pentagon policy were almost immediately hit with lawsuits from transgender service members and recruits.
In response to the lawsuits, a federal judge in Washington, D.C., and another in Washington state issued preliminary injunctions that blocked the ban from taking effect while the cases work their way through the legal system.
The preliminary injunction in the D.C. case was later paused by the Court of Appeals for the D.C. Circuit, though the appeals court also warned the administration against taking "any action ... that negatively impacts service members" while it considers whether to fully overturn the injunction.
But in the Washington state case, the Ninth Circuit Court of Appeals denied the administration's emergency motion to lift the injunction.
The Trump administration appealed the Ninth Circuit's decision to the Supreme Court, arguing that any delay in implementing the policy would cause "irreparable" harm to the military.
"The district court's injunction cannot be squared with the substantial deference that the department's professional military judgments are owed," Solicitor General D. John Sauer wrote in the application to the Supreme Court last month.
But the lawyers who filed the lawsuit argued that allowing the ban to take effect is what would cause irreparable damage by "ending distinguished careers and gouging holes in military units."
"The loss of well-qualified service members like respondents will necessarily negatively impact military readiness, lethality and unit cohesion -- essential components of a strong and effective national defense," the lawyers wrote in a filing to the Supreme Court last week. "Transgender service members hold key positions throughout units, and the military's success depends on mutual trust between leaders and members."
While the Ninth Circuit denied the Trump administration's emergency motion, it is still considering the administration's non-expedited request to lift the injunction.
The Supreme Court's order Tuesday put the case back in the hands of the Ninth Circuit by staying the injunction until the Ninth Circuit makes a ruling on the regular motion.
The case that made it to the Supreme Court was filed by Lambda Legal and the Human Rights Campaign Foundation on behalf of six transgender service members, one transgender person seeking to enlist and an LGBTQ+ advocacy group called the Gender Justice League.
In a statement Tuesday, Lambda Legal and the Human Rights Campaign Foundation vowed to continue fighting.
"Today's Supreme Court ruling is a devastating blow to transgender service members who have demonstrated their capabilities and commitment to our nation's defense," the groups said in a joint statement. "By allowing this discriminatory ban to take effect while our challenge continues, the court has temporarily sanctioned a policy that has nothing to do with military readiness and everything to do with prejudice. Transgender individuals meet the same standards and demonstrate the same values as all who serve. We remain steadfast in our belief that this ban violates constitutional guarantees of equal protection and will ultimately be struck down."
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