The Trump administration asked the U.S. Supreme Court on Friday to review its policy that bars trans‑identifying individuals from serving in the military. The request signals a renewed push to settle the constitutionality of the Pentagon’s guidance.
Supreme Court Petition
The Department of Justice, led by Solicitor General John Sauer, filed a petition asking the Court to decide whether the War Department’s rule — which generally disqualifies those with gender dysphoria, a history of the condition, or related interventions — violates the equal‑protection component of the Fifth Amendment’s due process clause. The filing requests that the justices determine if the policy constitutes invidious discrimination.
Legal Background
A February 2025 Pentagon memo instituted the guidance, fulfilling President Trump’s January 2025 executive order that directed War Secretary Pete Hegseth to overhaul the military’s transgender policy within 60 days. The memo effectively prohibits individuals who have transitioned or are undergoing treatment for gender dysphoria from enlisting or remaining in service.
Court Actions
D.C. District Judge Ana Reyes, a Biden appointee, issued a preliminary injunction in March 2025 blocking the policy, and a D.C. Circuit panel temporarily stayed the order in December 2025. The injunction prevented the ban from taking effect while the case proceeded through the courts.
Further Developments
Although the Supreme Court had previously paused a similar injunction from another district court in May 2025, a separate D.C. Circuit panel upheld part of Reyes’s injunction in June, ruling 2‑1 that the government could not enforce the ban against service members already in the military. The decision left the policy partially blocked for those currently serving.
Administration Argument
The administration contended that the lower‑court decision wrongly declared the policy a denial of equal protection and asserted that such reasoning conflicts with established precedents and the military’s authority. It urged the justices to reverse the appellate ruling and clarify the constitutional limits on military personnel decisions.
Supreme Court Outlook
The Court is slated to begin its 2026 term in the coming weeks, and at least four justices must vote to hear the case before it reaches the full bench. If granted, the petition could reshape the legal landscape for transgender service members.
Shawn Fleetwood, a staff writer for The Federalist and University of Mary Washington graduate, received the 2025 Dao Prize for Investigative Journalism and has contributed to RealClearPolitics and RealClearHealth. Follow him on Twitter @ShawnFleetwood.
