Trump admin takes transgender military ban to the United States Supreme Court

The administration asked the justices to consider whether the ban is constitutional and reverse an appeals court decision that blocked the administration from using it to expel members who already serve in the armed forces. 

Published: August 28, 2026 8:23pm

The Trump administration asked the Supreme Court on Friday to allow the Pentagon to enforce a ban on transgender troops serving in the military, sending the issue up to the high court for a second time.

The administration asked the justices to consider whether the ban is constitutional and to reverse an appeals court decision that blocked the administration from using it to expel members who already serve in the armed forces.  

Solicitor General D. John Sauer argued the authority of the military to determine who can serve in the armed forces is a “matter of exceptional importance," according to The Hill.

“Whether the Constitution prohibits the military from exercising that authority by adopting a policy like the one here is a recurring issue, which has arisen before and will likely arise again absent this Court’s review,” he wrote.  

The request comes after the Supreme Court allowed the ban last year while legal cases pertaining to the president's executive order weaved through the legal system.

Trump previously imposed limited restrictions on transgender military service in his first term, but the current ban goes further. Trump signed an executive order last year stating that "expressing a false 'gender identity' divergent from an individual’s sex cannot satisfy the rigorous standards necessary for military service."

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage. 

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