Supreme Court Allows Military Policy Change to Proceed, Overturning Lower Court Block

The U.S. Supreme Court has overturned a lower court injunction that had blocked the implementation of a new military policy concerning transgender service members. This decision allows the Department of Defense to move forward with changes previously halted by legal challenges.

While the Supreme Court did not rule on the core legal arguments in the case, it did grant a stay on the injunction, permitting the policy to be enforced while litigation continues. The policy directs the military to revise its medical and enlistment standards related to gender identity and to rescind earlier guidance considered inconsistent with military preparedness.

Three justices dissented from the decision, stating they would have allowed the injunction to remain in place pending further review.

The case in question, Shilling v. United States, challenges the legality of the directive concerning service eligibility for individuals identifying as transgender.

In a legal brief submitted to the court, the government argued that delaying the policy’s implementation would hinder military readiness and affect the armed forces’ ability to maintain cohesion and operational effectiveness. The filing emphasized the importance of allowing defense leadership to apply its professional judgment in setting standards for service.

The ruling means the policy can take effect immediately, pending future court decisions on its broader legality.

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