High court lets military implement transgender restrictions

Legal Compliance

The Trump administration can go ahead with its plan to restrict military service by transgender men and women while court challenges continue, the Supreme Court said Tuesday.
 
The high court split 5-4 in allowing the plan to take effect, with the court's five conservatives greenlighting it and its four liberal members saying they would not have. The order from the court was brief and procedural, with no elaboration from the justices.
 
As a result of the court's decision, the Pentagon can implement a policy so that people who have changed their gender will no longer be allowed to enlist in the military. The policy also says transgender people who are in the military must serve as a member of their biological gender unless they began a gender transition under less restrictive Obama administration rules.
 
The Trump administration has sought for more than a year to change the Obama-era rules and had urged the justices to take up cases about its transgender troop policy immediately, but the court declined for now.
 
Those cases will continue to move through lower courts and could eventually reach the Supreme Court again. The fact that five justices were willing to allow the policy to take effect for now, however, makes it more likely the Trump administration's policy will ultimately be upheld.
 
Justice Department spokeswoman Kerri Kupec said the department was pleased with the court's decision.
 
"The Department of Defense has the authority to create and implement personnel policies it has determined are necessary to best defend our nation," she said, adding that lower court rulings had forced the military to "maintain a prior policy that poses a risk to military effectiveness and lethality."
 
Groups that sued over the Trump administration's policy said they ultimately hoped to win their lawsuits against the policy. Jennifer Levi, an attorney for GLBTQ Legal Advocates & Defenders, said in a statement that the "Trump administration's cruel obsession with ridding our military of dedicated and capable service members because they happen to be transgender defies reason and cannot survive legal review."
 
Until a few years ago service members could be discharged from the military for being transgender. That changed under the Obama administration. The military announced in 2016 that transgender people already serving in the military would be allowed to serve openly. And the military set July 1, 2017, as the date when transgender individuals would be allowed to enlist.

Related listings

  • Flake stokes presidential speculation as court debate rages

    Flake stokes presidential speculation as court debate rages

    Legal Compliance 10/02/2018

    The Republican senator who suddenly sits at the center of the explosive debate over President Donald Trump's Supreme Court pick was set to address New Hampshire voters on Monday ahead of a possible run for president.Arizona Sen. Jeff Flake was schedu...

  • S. Korea court extends ex-leader Park's lengthy prison term

    S. Korea court extends ex-leader Park's lengthy prison term

    Legal Compliance 08/24/2018

    A South Korean high court has extended the lengthy prison sentence of former President Park Geun-hye for corruption in office.In April, a district court sentenced Park to 24 years in jail over bribery, extortion, abuse of power and other charges. She...

  • Yankton lawyer Jason Ravnsborg wins GOP attorney general nod

    Yankton lawyer Jason Ravnsborg wins GOP attorney general nod

    Legal Compliance 06/24/2018

    South Dakota Republicans on Saturday chose Yankton lawyer Jason Ravnsborg to run against Democratic former U.S. Attorney Randy Seiler in the race for state attorney general.GOP delegates voted to nominate Ravnsborg at their state party convention, wh...

USCIS to Continue Implementing New Policy Memorandum on Notices to Appear

U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB).

USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions); I-730, Refugee/Asylee Relative Petitions when the beneficiary is present in the US; I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and I-485 Application to Register Permanent Residence or Adjust Status (with the underlying form types listed above).

If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.