The Trump administration announced Friday that it will not ask the Supreme Court to intervene on a legal battle over allowing the military to accept transgender recruits before a Jan. 1 deadline.
Two appeals courts ruled last week against the Trump administration's push to prevent the U.S. military from accepting transgender recruits for the first time ever, after which the Justice Department had weighed its legal options.
On Friday, the DOJ said it would wait for the release of the Defense Department's release of an "independent study of these issues in the coming weeks."
"So rather than litigate this interim appeals before that occurs, the administration has decided to wait for DOD's study and will continue to defend the President's lawful authority in district court in the meantime," the Justice Department added in its statement.
President Trump announced a transgender military service ban in July, prompting the Pentagon to prepare to roll back the open service policy of the Obama administration. Four federal judges around the country issued injunctions to challenge it, setting up appeals from the Trump administration.
As the Washington Examiner previously reported, the Justice Department has unsuccessfully argued for the cases to be dismissed because Defense Secretary Jim Mattis has not finalized any new policy to retain the authority to delay transgender recruiting so the issue can be further studied.
While the Obama administration had set a deadline for recruitment to start on July 1, 2017, Mattis delayed the date to Jan. 1.
Mattis is scheduled to provide a final transgender policy plan to Trump by Feb. 21.