The Trump administration on Friday asked the Supreme Court to allow the U.S. military to discharge transgender service members in a case that could decide the constitutionality of President Donald Trump’s transgender troop ban. The petition, filed on August 28, 2026, seeks to overturn a ruling by the U.S. Court of Appeals for the District of Columbia Circuit, which blocked the government from enforcing the ban. The administration argued that the lower court’s decision was gravely erroneous
and represented an unprecedented intervention into military affairs.
The Trump administration adopted the policy in 2025, shortly after President Trump’s inauguration for his second term. Trump signed an executive order requiring Secretary of Defense Pete Hegseth to implement a ban on individuals with gender dysphoria.
On February 26, 2025, the Department of Defense issued the ban, which disqualifies anyone with gender dysphoria or who has undergone medical interventions to treat gender dysphoria from serving in the military. The policy was challenged in court by 29 plaintiffs, including active-duty service members, reservists, National Guard members and an individual seeking to enlist, who argued it violated their constitutional rights.
Trump Asks Supreme Court Allow Military Discharge Transgender Troops
In a petition to the Supreme Court, the Justice Department described the D.C. Circuit’s ruling in the Talbott litigation as gravely erroneous.
The administration argued that the policy regulates gender dysphoria and related medical treatment, not transgender people, and therefore requires only a rational connection to military readiness
to survive constitutional review. However, two courts have rejected this argument. In June 2026, a divided D.C. Circuit panel preserved an injunction protecting the currently serving plaintiffs from discharge, with Judges Robert Wilkins and Judith Rogers concluding the policy appeared rooted in hostility rather than military necessity.
Trump administration asks Supreme Court to consider ban on
The Trump administration’s executive order, signed in January 2025, directed the Defense Department to bar transgender people from service. The D.C. Circuit’s June 2026 decision found that the policy was motivated by animosity towards transgender people. Judge Robert Wilkins found direct evidence
that the ban was motivated by animosity, writing that the policy’s foundational premises
are “animus-filled.”
Trump asks Supreme Court to let Pentagon fire trans
The case has drawn significant public attention. The administration has faced criticism from advocacy groups, who contend that the policy undermines troop morale and violates constitutional protections against discrimination.
The Supreme Court has not yet decided whether to hear the case, but the administration’s petition has intensified the legal battle. If the Court rules in favor of the administration, it would affirm the military’s authority to exclude transgender individuals based on medical criteria. If the Court sides with the plaintiffs, it would reinforce judicial oversight of military policies.
As of August 28, 2026, the case remains pending before the Supreme Court. The D.C. Circuit’s injunction remains in effect. The legal proceedings continue to draw scrutiny from advocacy groups and the public, with both sides preparing for a potential decision. The case underscores the ongoing debate over the intersection of military policy, constitutional rights, and the role of the judiciary.