Courts & Litigation

Document: Supreme Court Stays Injunctions in Transgender Servicemember Ban Cases

Matthew Kahn
Tuesday, January 22, 2019, 10:00 AM

On Tuesday, the Supreme Court on 5-4 decisions granted two stays of district court injunctions in Trump v. Karnoski and Trump v. Stockman, two cases challenging the Trump administration's ban on military service by transgender people. The orders are below.

18A625 TRUMP, PRESIDENT OF U.S., ET AL. V. KARNOSKI, RYAN, ET AL.

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On Tuesday, the Supreme Court on 5-4 decisions granted two stays of district court injunctions in Trump v. Karnoski and Trump v. Stockman, two cases challenging the Trump administration's ban on military service by transgender people. The orders are below.

18A625 TRUMP, PRESIDENT OF U.S., ET AL. V. KARNOSKI, RYAN, ET AL.

The application for stay presented to Justice Kagan and by her referred to the Court is granted, and the District Court’s December 11, 2017 order granting a preliminary injunction is stayed pending disposition of the Government’s appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the Government’s petition for a writ of certiorari, if such writ is sought. If a writ of certiorari is sought and the Court denies the petition, this order shall terminate automatically. If the Court grants the petition for a writ of certiorari, this order shall terminate when the Court enters its judgment. Justice Ginsburg, Justice Breyer, Justice Sotomayor, and Justice Kagan would deny the application.

18A627 TRUMP, PRESIDENT OF U.S., ET AL. V. STOCKMAN, AIDEN, ET AL.

The application for stay presented to Justice Kagan and by her referred to the Court is granted, and the District Court’s December 22, 2017 order granting a preliminary injunction is stayed pending disposition of the Government’s appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the Government’s petition for a writ of certiorari, if such writ is sought. If a writ of certiorari is sought and the Court denies the petition, this order shall terminate automatically. If the Court grants the petition for a writ of certiorari, this order shall terminate when the Court enters its judgment. Justice Ginsburg, Justice Breyer, Justice Sotomayor, and Justice Kagan would deny the application.


Matthew Kahn is a third-year law student at Harvard Law School and a contributor at Lawfare. Prior to law school, he worked for two years as an associate editor of Lawfare and as a junior researcher at the Brookings Institution. He graduated from Georgetown University in 2017.

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