Posted on 11/23/2018 2:16:27 PM PST by yesthatjallen
The Trump administration on Friday asked the Supreme Court to take up the president's transgender military ban.
Solicitor General Noel Francisco filed a petition to Supreme Court justices Friday asking them to hear the issue currently being debated in three lower courts in order to have the case decided quicker, according to CNN.
Francisco also argued that the injunctions issued by lower courts warrant review for harming the military.
Trump first announced on Twitter his intention to ban transgender people from serving in the military in July 2017. In March of this year he signed a memo written by Defense Secretary James Mattis that banned most transgender people from serving in the military except under certain limited circumstances."
However, the policy has been blocked by district courts around the country, including the U.S. District Court for the District of Columbia in August.
According to Francisco, because of the injunctions "the military has been forced to maintain that prior policy for nearly a year" despite a determination by Mattis and a panel of experts that the "prior policy, adopted by [Defense Secretary Ash Carter], posed too great a risk to military effectiveness and lethality."
Normally, the Supreme Court waits for cases to make their way through lower courts before taking them up.
Groups involved in the lower level court challenges against the transgender ban sounded off on Trumps move to involve the Supreme Court on Friday.
There is no urgency here and no reason for the Court to weigh in at this juncture, said Jennifer Levi, LGBTQ Legal Advocates & Defenders Transgender Rights Project Director.
The injunctions preserve the status quo of the open service policy that was thoroughly vetted by the military itself and has been in place now for more than two years. This is simply one more attempt by a reckless Trump administration to push through a discriminatory policy. The policy flies in the face of military research and dozens of top military experts.
For the JUDICIAL branch to ignore the EXECUTIVE branch would be a direct affront to the oath every judge takes.
The Supreme Count defines our morality?
Has anyone told God about this?
The Founding Fathers NEVER EVER intended for this to be a judicial oligarchy. That is the biggest scam ever perpetrated upon the American People.
See what Robert Bork writes about the DANGERS of a Judicial Oligarchy:
https://www.firstthings.com/article/1996/11/the-end-of-democracy-our-judicial-oligarchy
The remedy for overreach on the part of lower courts encroaching on Executive branch authority is to appeal the ruling, ultimately to SCOTUS. By design the Constitution diffuses power and that can sometimes seem "messy". But the alternative is to ignore the rule of law and simply rule by decree, something that would signal the end of the republic. You don't save the republic by destroying it. You save it by demonstrating how the self-correction mechanisms designed by the framers work. That's what Trump is doing. The fact that this seems slow and inefficient to some is the price one pays for doing things legally "by the book". That's the only way lasting reform happens.
“The remedy for overreach on the part of lower courts encroaching on Executive branch authority is to appeal the ruling, ultimately to SCOTUS.”
No it’s not.
Correct, which is why judicial appointments are such an important presidential responsibility, and is a major reason why Trump was elected. Like it or not, we either have a rule of law or a rule of men. The Constitution has built-in remedies for these imbalances. Trump is exercising the Executive’s remedies for these out-of-control judges. Congress needs to step up and exercise its remedies as well.
“But the alternative is to ignore the rule of law and simply rule by decree”
Kinda like what the courts are doing.
The political process is intrinsically messy because it's how we settle disputes non-violently. As Clausewitz famously observed "War is the continuation of politics by other means". Politics is thus war without the bloodshed, or at least attempts to be.
Exactly. So how do you correct that problem without destroying the system you're trying to safeguard? That's the task Trump is facing, and what he's doing both with his judicial appointments and by using the appellate process. That's what a president, rather than a king, does.
“The remedy for overreach on the part of lower courts encroaching on Executive branch authority is to appeal the ruling, ultimately to SCOTUS. By design the Constitution diffuses power and that can sometimes seem “messy””
So, the lower courts are making injunctions on damn near every move the executive makes—Following and then appealing these injunctions, with no guarantee any of these unconstitutional edicts will be taken up by SCROTUS, is the equivalent of nullifying the executive. Which is exactly why these radical leftist judges are doing what they’re doing.
ICYMI, the radical left are in control of the courts. They’re in #resist #stall and #sabotage mode to President Trump. The correct course of action is to ignore these ahole blacked robed tyrants. Better yet, round them up in the dead of the night and send them to gitmo.
See 30
Some of what you say is true but irrelevant to the topic at hand.
The FF NEVER EVER intended for this nation to be a judicial oligarchy. You seem to be surrendering to those who think otherwise. The Rule of Law is the ORIGINAL intent of the Constitution, NOT what a bunch of UNELECTED judges say it is.
I believe in a FREE REPUBLIC, not a Judicial Oligarchy.
Some of what you say is true but irrelevant to the topic at hand.
The FF NEVER EVER intended for this nation to be a judicial oligarchy. You seem to be surrendering to those who think otherwise. The Rule of Law is the ORIGINAL intent of the Constitution, NOT what a bunch of UNELECTED judges say it is.
I believe in a FREE REPUBLIC, not a Judicial Oligarchy.
“If a president can simply ignore court orders he dislikes then he’s no longer a president but a dictator.”
As opposed to the courts ignoring the law and the Constitution? And since when do the courts order the Executive? The president is up for election every 4 years & Congress checks the executive through impeachment, not the courts. What such checks exist for judges? That’s right...
“So how do you correct that problem without destroying the system you’re trying to safeguard? “
The courts are destroying the system, not President Trump. The POTUS doesn’t have to listen to these fvckhead liberal judges AT ALL.
>>If a president can simply ignore court orders he dislikes then he’s no longer a president but a dictator.
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Nonsense.
The Congress makes the laws, the President enforces the laws, and the Judiciary determines if the Congress made laws pursuant to the Constitution.
The Judiciary was NEVER given power to stop enforcement of any law, nor to rule a law void. That is up to the representatives of the people in the Congress.
Usurpation by unelected ideologues in the judiciary MUST be stopped, or this nation has no hope.
>>But the alternative is to ignore the rule of law
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Nonsense again.
The Rule of Law are laws made by the Congress pursuant to the Constitution, and signed into law by the Executive.
You are rationalizing a judicial oligarchy which is as dangerous as a monarchy.
At the present time, do you have another branch unknown to the rest of us?
“The Congress makes the laws, the President enforces the laws, and the Judiciary determines if the Congress made laws pursuant to the Constitution.
The Judiciary was NEVER given power to stop enforcement of any law, nor to rule a law void. That is up to the representatives of the people in the Congress.”
Exactly.
>>So how do you correct that problem without destroying the system you’re trying to safeguard?
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The system is already being destroyed by judicial usurpations contrary to the will of the people, in the manner in which you advocate.
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