The Supreme Court allowed the Trump administration on Tuesday to enforce its transgender military ban.
In a 6-3 decision, the majority granted the administration’s request to halt a lower court’s ruling preventing the policy from taking effect.
Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson would have denied the administration’s request, according to the order.
Judge Benjamin H. Settle, a George W. Bush appointee, found in a March 27 decision that the transgender service members and activist group who challenged the ban were likely to succeed on their claims.
“Because the military has operated smoothly for four years under the Austin Policy, any claimed hardship it may face in the meantime pales in comparison to the hardships imposed on transgender service members and otherwise qualified transgender accession candidates, tipping the balance of hardships sharply toward plaintiffs,” Settle wrote. “There can be few matters of greater public interest in this country than protecting the constitutional rights of its citizens.”
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