January 23, 2019
Following her announcement on ABC-TV’s Good Morning America on January 21 that she will make a run for the U.S. presidency; early on Tuesday, Senator Kamala Harris (D-California) castigated the Supreme Court for allowing the Trump administration to temporarily enforce its restrictions on transgender military personnel.
“Transgender military members have the courage to serve our country and deserve to do so. We have to fight back to reverse this,” Harris tweeted at 10:45 a.m.
Her tweet came shortly after the high court said it would allow the White House to briefly enforce a ban on transgender service members—until the 9th Circuit Court of Appeals in California hears a case to determine its legality, The Hill reported.
The case was considered by the Supreme Court after Solicitor General Noel Francisco leapfrogged the usual legal process in November—bypassing the regional court in the belief that the higher court would rule in favor of the White House.
Francisco implored the justices to immediately take the case and issue a ruling this term, according to the political news outlet—arguing that the lower court’s decision blocked a policy that’s “necessary to place the Department of Defense in the strongest position to protect the American people.”
He said that the Department of Defense review found that continuing to allow transgender people who have transitioned or seek to transition to serve in the military poses a threat to military effectiveness and readiness.
However, in a blow to Francisco and the administration, the Supreme Court declined to hear arguments on the case’s legality. The justices prefer the appeals courts to have considered a case before they weigh in, and even then are selective, The Hill said. It takes four justices to agree to hear a case, and often they only agree to step in if the appeals courts are deeply divided on an issue.
It takes five justices to agree to stay a lower court ruling. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan, of the court’s liberal wing, said they would have denied the application, according to the news outlet.
White House press secretary Sarah Huckabee Sanders said at the time that the decision was based upon “extensive study by senior uniformed and civilian leaders, including combat veterans
In her announcement on January 21, Senator Harris stated, “My entire career has been focused on keeping people safe. When I look at this moment in time, I know the American people deserve to have someone who is going to fight for them … and put them in front of self-interest.”
Research contact: @jabowden4