Trump wants court to dismiss transgender military ban lawsuit

Trump wants court to dismiss transgender military ban lawsuit


The Trump administration is asking a federal court to not even consider a lawsuit opposing President Trump’s transgender military ban — because he still hasn’t fleshed out how it’s supposed to happen.


The legal challenge “is premature several times over,” Justice Department lawyers wrote in a brief filed in a Washington, D.C., federal court late Wednesday.


“Plaintiffs’ claims are not ripe, as the issues presented are not fit for judicial decision, no actual discharge or denial of accession has occurred, and they will not suffer a hardship if the Court withholds consideration until after the policies challenged in this case are implemented and are found to impact Plaintiffs,” it adds.


The brief asks for the court to dismiss the suit brought by six transgender soldiers.


The soldiers filed their lawsuit in August, arguing that Trump’s impending ban has already cut into their medical treatments and career opportunities, even though the policy won’t go into place for several months. They asked the court to stop the ban from ever going into effect.


The Justice Department argues that since Defense Secretary James Mattis is still temporarily allowing transgender troops to serve, the plaintiffs have no legal case to make now.


Trump in July announced his transgender service ban on Twitter — catching the military off-guard, since he did not have an actual policy prepared to back up his tweets.


It was not until August that Trump signed a directive telling the military not to move forward with an Obama-era policy that would have allowed transgender fighters to openly serve.


But even so, the ban might not go into place until as late at March 2018, and the Department of Defense has yet to sort of what will happen to transgender troops in the meantime.

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