Without an order from the nation's highest court, the ban could not take effect for many months, Solicitor General D. John Sauer wrote, “a period far too long for the military to be forced to maintain a policy that it has determined, in its professional judgment, to be contrary to military readiness and the nation’s interests.”
The high court filing follows a brief order from a federal appeals court that kept in place a court order blocking the policy nationwide.
At the least, Sauer wrote, the court should allow the ban to take effect nationwide, except for the seven service members and one aspiring member of the military who sued.
The court gave lawyers for the service members challenging the ban a week to respond.
