CQ Press Lecture Spark November 26, 2018 Connecting current events to your American Government classroom

Transgender Military Ban The Trump administration has asked the United States Supreme Court to fast-track a ruling on its ban restricting transgender service members from serving in the military. According to NPR, “The proposed policy in question was sent to the president in February by Defense Secretary James Mattis. Those rules would disqualify service members ‘who require or have undergone gender transition.’” Here are various news articles on the Trump administration’s request for the Supreme Court to rule on its transgender military ban: Trump asks Supreme Court to fast-track ruling on transgender military ban By CHRISTAL HAYES USA TODAY 11/23/18 https://www.azcentral.com/story/news/politics/2018/11/23/donald-trump-supreme-court- transgender-military-ban/2095213002/ Trump administration wants Supreme Court to take up transgender military ban now By PETE WILLIAMS NBC NEWS 11/23/18 https://www.nbcnews.com/politics/supreme-court/trump-administration-wants-supreme-court-take-transgender-military-ban-now-n939531 Trump asks Supreme Court to consider transgender military ban By JOHN HALTIWANGER BUSINESS INSIDER 11/23/18 https://www.businessinsider.com/trump-asks-supreme-court-to-consider-transgender-military-ban-2018-11 Trump administration seeks quick Supreme Court ruling on transgender military ban By JESSICA GRESKO and MARK SHERMAN TIME 11/24/18 http://time.com/5462519/trump-administration-supreme-court-transgender-people-military-service/ Trump administration asks Supreme Court to take up military transgender ban By ARIANE DE VOGUE and JOAN BISKUPIC CNN 11/24/18 https://www.cnn.com/2018/11/23/politics/military-transgender-ban-supreme-court/index.html

Transgender Military Ban The administration’s request is becoming a norm. According to Time, “It’s the fourth time in recent months the administration has sought to bypass lower courts that have blocked some of its more controversial proposals and push the high court, with a conservative majority, to weigh in quickly on a divisive issue.” The request also comes at the same time the President and the Chief Justice have engaged in an unusual public back-and-forth. What do you think about the administration’s request and the critique of judges by the President? The following articles offer analyses of the original decision by the Trump administration to ban transgender individuals from serving in the military: Analysis: Could Trump’s military ban actually become policy? By JULIE MOREAU NBC NEWS 8/24/17 https://www.nbcnews.com/feature/nbc-out/analysis-could-trump-s-trans-military-ban-actually- become-policy-n795556 Analysis: No one saw Trump’s transgender military ban coming By JUSTIN FISHEL ABC NEWS 7/26/17 https://abcnews.go.com/Politics/analysis-trumps-transgender-military-ban-coming/story?id=48869839 Five unanswered questions about Trump’s ‘ban’ on transgender troops By PHILIP EWING NPR 7/27/17 https://www.npr.org/2017/07/27/539559582/5-unanswered-questions-about-trumps-ban-on-transgender-troops Trump’s transgender military ban ‘worse than don’t ask, don’t tell,’ advocates say By JULIE MOREAU NBC NEWS 3/26/18 https://www.nbcnews.com/feature/nbc-out/trump-s-transgender-military-ban-worse-don-t-ask-don-n860181 Donald Trump’s transgender military ban: What you need to know ABC NEWS 7/27/17 https://www.abc.net.au/news/2017-07-27/what-is-happening-with-trumps-transgender-military-ban/8747506

Key Concepts The Department of Defense under President Barack Obama crafted a policy allowing transgender people to serve openly in the military. The policy was under final review when Donald Trump became president; In July 2017, President Trump called for a reinstatement of the ban on transgender individuals serving in the military; The ban has been the subject of a number of legal challenges; According to USA Today , Solicitor General Francisco requested that “three cases in lower courts be fast-tracked, skipping appeals courts, and heard before the high court so the rulings could be finalized”; The Washington Post reported “the U.S. Court of Appeals for the Ninth Circuit has heard arguments on the merits of the case but has not yet issued an opinion. The U.S. Court of Appeals for the District of Columbia Circuit is scheduled to hear an appeal of the ruling next month.”

Assessment Writing: Why is the Trump administration seeking an expedited review of its transgender ban before the Supreme Court? Debate: The Supreme Court should wait for lower court rulings before taking the case on transgender individuals serving in the military. Poll: Do you believe the Supreme Court will agree to an expedited review of the ban? Short Answer: Why is it unusual for the Supreme Court to agree to expedited rulings? Current events quiz: 1. The Trump administration is asking the Supreme Court to rule on the transgender military ban, bypassing which court? State Circuit District Appellate 2. The administration’s transgender military ban aims to reverse an Obama-era policy which would allow: Transgender people to serve in the military Transgender people to receive funding for sex reassignment surgery Generals to decide if they wanted to allow transgender people to serve under them or not Both A and B 3. Many people say that they did not see Trump’s transgender military ban coming. This might be due to what? Trump campaigned as a friend and ally of the LGBTQ community Trump openly stated during his campaign that he would not ban transgender people from the military The Department of Defense was expected to stop his tweet announcing the ban People actually did predict the transgender military ban, since Trump had insinuated that he would do it during campaigning. 4. True or False: The transgender military ban might allow for current transgender military members to remain in uniform. 5. True or False: This is the fourth time in recent months that the administration has sought to bypass lower courts that have blocked some of the Trump administration’s more controversial proposals. 6. True or False: The transgender military ban is ultimately a ban of every single transgender person from serving in the military, regardless of special circumstances or limited guidelines. Answer Key: 1. D 2. D 3. A 4. True 5. True 6. False