In a dramatic legal escalation, President Donald J. Trump has asked the U.S. Supreme Court to intervene after lower federal courts blocked his newly enacted ban on transgender individuals serving in the U.S. military.
The Trump administration filed an emergency application with the high court on Thursday, urging it to overturn a sweeping nationwide injunction issued by U.S. District Judge Benjamin Settle, who halted the implementation of Trump’s “Restoring America’s Fighting Force” and “Prioritizing Military Excellence and Readiness” executive orders.
Ninth Circuit Sides With Radical Ideology
The request comes after the Ninth Circuit Court of Appeals — long viewed as the most left-leaning and activist appellate court in the country — denied the Trump DOJ’s request for a stay on the injunction late Friday night.
The three-judge panel that ruled against the Trump administration included:
- Wallace Tashima (Clinton appointee)
- John Owens (Obama appointee)
- Roopali Desai (Biden appointee)
Their decision follows a growing trend of judicial overreach aimed at undermining Trump’s national security priorities and America First military reforms.
In its ruling, the Ninth Circuit claimed that the administration had failed to demonstrate “irreparable harm” if the ban was not immediately reinstated — a position the White House flatly rejects.
“The military is being forced to operate under policies that, according to its own leadership, compromise readiness, morale, and cohesion,” a senior Pentagon official told Fox News.
Trump’s Executive Orders: Restoring Military Focus
At the heart of the legal battle are two executive orders signed by President Trump in January 2025:
- Executive Order 14210 – “Restoring America’s Fighting Force”, which bans transgender individuals with gender dysphoria or those who have undergone medical transition from serving in the military.
- Executive Order 14211 – “Prioritizing Military Excellence and Readiness”, which removes all gender ideology mandates and bans compelled pronoun usage across the Armed Forces.
Together, these policies aim to recenter the military around warfighting and readiness, not radical social engineering.
District Court Interference
Judge Benjamin Hale Settle, a George W. Bush appointee known for drifting leftward on social issues, issued a nationwide injunction last month after activists filed lawsuits challenging the orders. He ruled that the DOJ “failed to demonstrate persuasive justification” for the ban — a decision now at the heart of Trump’s appeal to the high court.
Another Obama-era judge, Ana Reyes, also stepped in earlier this year with her own temporary injunction, compounding the legal hurdles.
DOJ to SCOTUS: Let the Military Decide, Not Activist Judges
In its appeal to the Supreme Court, the Trump DOJ stressed the national security implications of being forced to maintain policies that military leadership no longer supports.
“The district court’s universal injunction will remain in place for the duration of further review in the Ninth Circuit and in this Court – a period far too long for the military to be forced to maintain a policy that it has determined, in its professional judgment, to be contrary to military readiness and the Nation’s interests,” the DOJ wrote in its petition.
The administration is also challenging the legal precedent that allows a single district judge to issue nationwide injunctions—a practice increasingly used to obstruct executive action.
What Happens Next?
If the Supreme Court grants the administration’s request for a stay, it would immediately lift the lower court’s injunction and allow the Pentagon to resume enforcement of the transgender troop ban.
A ruling could come within days, given the national security implications and high-profile nature of the case.
Bottom Line
The Trump administration views this fight as more than a military policy debate — it’s a battle over constitutional authority, judicial overreach, and the military’s right to prioritize combat readiness over ideological agendas.
With the Supreme Court now in the spotlight, the nation will soon learn whether common sense and military judgment still have a place in the defense of the United States.
