The US Supreme Court’s decision to upheld President Donald Trump’s ban on trannies serving in the American army is the first indication that that court will no longer tolerate lower courts blocking government policy, a reading of the state’s application in the case has revealed.
According to the application, written by Solicitor General Noel J. Francisco, it was “with great reluctance that we seek such emergency relief in this court.
“Unfortunately, this case is part of a growing trend in which federal district courts, at the behest of particular plaintiffs, have issued nationwide injunctions, typically on a preliminary basis, against major policy initiatives.”
“Such injunctions previously were rare, but in recent years they have become routine,” he continued. “In less than two years, federal courts have issued 25 of them, blocking a wide range of significant policies involving national security, national defense, immigration and domestic issues.
“In cases involving these extraordinary nationwide injunctions, moreover, several courts have issued equally extraordinary discovery orders, compelling massive and intrusive discovery into Executive-Branch decision-making, including blanket abrogations of the deliberative-process privilege.
“In the face of these actions, we have had little choice but to seek relief in the courts of appeals; and when that has proven unavailing, to do so in this Court. Absent such relief, the Executive will continue to be denied the ability to implement significant policy measures, subject to appropriate checks by an independent Judiciary in resolving individual cases and controversies.”
The decision by the Supreme Court—which saw the Jewish Justices Ruth Bader Ginsburg, Stephen Breyer, and Elena Kagan noting their dissent, along with Puerto Rican Justice Sonia Sotomayor—justifies Trump’s original assessment that having these mentally-ill people in the army places a burden of “tremendous medical costs and disruption” on the military.
“After consultation with my generals and military experts, please be advised that the United States government will not accept or allow transgender individuals to serve in any capacity in the US military. Our armed forces must focus on the decisive and overwhelming victory, and cannot be burdened by the tremendous medical costs and disruption that transgender in the military would entail,” the president said on Twitter in July 2017.
The Trump administration first petitioned the Supreme Court to decide directly on the legality of the trannie soldiers ban, after federal trial judges in California, Washington, D.C., and Washington state issued orders prohibiting its enforcement.
Francisco added in his submission that the Court’s intervention was necessary because the lower court decisions “require the military to maintain a policy that, in its own professional judgment, risks undermining readiness, disrupting unit cohesion, and weakening military effectiveness and lethality.”
Not granting the government’s request would create a “policy that it has determined, in its professional judgment, to be contrary to the Nation’s interests . . .”
Francisco pointed out that the Department of Defense has traditionally set demanding standards for military service,” and that the vast majority of Americans from ages 17 to 24—that is, 71%—are ineligible to join the military without a waiver for mental, medical, or behavioral reasons.”
Given the “unique mental and emotional stresses of military service,” a history of “[m]ost mental health conditions and disorders” is “automatically disqualifying,” he continued.
“In general, the military has aligned the disorders it has deemed disqualifying with those listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM), published by the American Psychiatric Association (APA).
“The 1980 edition of the DSM listed, among other disorders, ‘transsexualism.’ When the DSM was updated in 1994, ‘transsexualism’ was subsumed within, and replaced by, the term ‘‘gender identity disorder.’
“Consistent with the inclusion of ‘transsexualism’ in the DSM , the military’s accession standards—the standards that govern induction into the Armed Forces—had for decades disqualified individuals with a history of ‘transsexualism’ from joining the military.
The case will now return to the 9th U.S. Circuit Court of Appeals for further proceedings. Should the administration lose before the 9th Circuit, they can return to the Supreme Court for a definitive ruling on the legality of its restrictions on trannie soldiers.