President Trump's decision late Friday to ban transgender Americans from serving in the USA military was blasted by House Minority Leader Nancy Pelosi, who called the move "cowardly" and "disgusting". The U.S. Court of Appeals for the District Circuit is scheduled to hear an appeal of the ruling next month.
The U.S. Court of Appeals for the 9th Circuit has heard arguments on the merits of the case, but has not yet issued an opinion.
But Francisco told the Supreme Court the administration cannot afford to wait for those circuits to decide, and that the justices should accept the cases now so they can be heard in the current term.
"There is absolutely no support for the claim that the ongoing service of transgender people would have any negative effective on the military at all", Judge Colleen Kollar-Kotelly of the US District Court in Washington wrote previous year.
This upsurge in petitions for certiorari before final judgment is attributed to the rapid increase of district judges with liberal judicial philosophies issuing nationwide injunctions over the past two years, essentially blocking entire federal policies.
The Trump administration urged the U.S. Supreme Court Friday to immediately take up the legal battle over transgender military service, asking the justices to act even before the issue has gone through the lower courts.
Administration officials say they want to ensure that the Supreme Court would be able to review the dispute before its term ends in June 2019. Roberts issued a rare statement on Wednesday criticizing the President for calling one lower court judge who ruled against him an "Obama judge". "No one with the strength and bravery to serve in the USA military should be turned away because of who they are", she said in a statement.
Francisco has moved aggressively at times to get cases before a Supreme Court that is more solidly conservative with the addition of Justice Brett Kavanaugh.
Just last month, it was revealed that the Trump administration are considering implementing a policy that would change the definition of sex and gender.
The Trump administration is asking the Supreme Court to fast-track cases on the president's decision to prevent certain transgender people from serving in the military.
Other judges said the policy was nothing more than a plan to carry out the outright ban on transgender service announced by President Trump. "Yet again, the Trump administration flouts established norms and procedures".
According to The New York Times, the leaked proposal begins: "Sex means a person's status as male or female based on immutable biological traits identifiable by or before birth".
However, the subject matter seems to be without precedent, meaning it's ripe for a Supreme Court review.
The four injunctions, however - from district courts in Washington, DC, Baltimore, Seattle, and Riverside, California, with several of those injunctions upheld by appeals courts - have found that the transgender plaintiffs are likely to ultimately succeed in their claims and have ordered trials, which are now in the discovery phase.