The trans military ban is back. This was one of the first actions of Pete Hegseth. He wanted to sack all trans soldiers – over ten thousand of them – because trans people are incapable of “an honorable, truthful, and disciplined lifestyle, even in one’s personal life”.
That this is obvious nonsense was pointed out by two judges when they overturned the order. You can’t punish a group of people just because of political or ideological reasons.
Obviously, the administration escalated this to the Supreme Court. The Supreme Court has suspended the injunction against the ban. They did not offer any explanation for their decision. Nor are there any names attached to the ruling, but the 6–3 division leaves no doubt that it is on entirely doctrinal lines.
The ruling allows two things. First, the government can do as it pleases. Second, litigation can continue in parallel. This can take years and will not prevent thousands of people from having their lives ruined by this capricious government.
The Supreme Court did exceptionally give a strong ruling about returning Kilmar Abrego Garcia, which the administration is obstructing. However, this case looks to be a more typical example of their approach. They will allow the government to do anything it wants on fine procedural grounds, ignoring the real issue. The administration can salami-slice the constitution with the full blessing of the Supreme Court, regardless of what lower courts say.
The protections offered by the constitution are effectively gone.
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