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Trump administration asks Supreme Court to permit discharge of 29 transgender service members

The emergency application seeks to overturn a lower court order protecting plaintiffs in an ongoing legal challenge to the Pentagon policy.

Updated Aug 31, 2026 · 20:24 UTC1 reports

The short version

  • The Trump administration asked the Supreme Court to allow the immediate removal of 29 active-duty, reservist, National Guard, and prospective transgender service members.
  • The 29 individuals are plaintiffs in U.S. v. Talbott, a lawsuit challenging the Pentagon's policy scheduled for trial in January.
  • Solicitor General John Sauer argued the lower court ruling blocking their discharge was erroneous, while defense attorneys emphasized the plaintiffs meet all military standards.
  • The Supreme Court will decide this fall whether to take up the case before a lower court issues a final ruling on the merits.

Key facts

  • The Trump administration filed an urgent appeal asking the Supreme Court to permit the immediate discharge of 29 transgender military service members.[ABC News]
  • The affected individuals are active-duty personnel, reservists, National Guard members, and one prospective recruit who are plaintiffs in the federal lawsuit U.S. v. Talbott.[ABC News]
  • Federal judges blocked the military from discharging the 29 individual plaintiffs last June pending trial.[ABC News]
  • Solicitor General John Sauer petitioned the high court to reverse the lower court injunction, asserting the ruling undermines military authority.[ABC News]
  • The legal challenge against the Department of Defense policy is scheduled to go to trial in January.[ABC News]

What remains uncertain

  • It remains uncertain whether the Supreme Court will agree to hear the administration's appeal prior to a final lower court ruling on the merits.[ABC News]

Sources