The Trump administration has asked for the High Court to exercise that rule a couple times, most recently in the legal challenges to the DACA amnesty program for illegal aliens.
The Obama administration chose to allow transgender individuals to serve in uniform, sparking a debate among military policy experts, though the new policy stance was not set to take effect until July 2017, six months after the end of Obama's tenure in office.
It defined such individuals as "those who may require substantial medical treatment, including through medical drugs or surgery".
Trump first announced the anti-trans policy on Twitter in 2017, where he said that the military could not be burdened with "the tremendous medical costs and disruption" that transgender people would bring.
The judges said the new policy was essentially the same as the original ban, or was merely a plan to implement the original ban, which they had ruled would likely run afoul of the U.S. Constitution's guarantee of equal protection under the law.
In the military case, the administration argued that the Supreme Court should step in before an appeals court rules because the case "involves an issue of imperative public importance: the authority of the USA military to determine who may serve in the Nation's armed forces".
"There is absolutely no support for the claim that the ongoing service of transgender people would have any negative effect on the military at all", US District Judge Colleen Kollar-Kotelly ruled in a case filed in Washington.
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.
Like the ban on transgender service in the military, that policy has been blocked by federal trial judges.
Just last month, it was revealed that the Trump administration are considering implementing a policy that would change the definition of sex and gender.
Francisco asked the nine justices on Friday to circumvent that process, saying the administration can't afford to wait for lower courts to decide, the Washington Post reported Friday.
Earlier this month, the administration asked the high court to fast-track cases on Trump's decision to end Deferred Action for Childhood Arrivals (Daca), which shields from deportation young undocumented immigrants brought to the USA as children. "There is no valid reason to jump the line now and seek U.S. Supreme Court review before the appellate courts have even ruled on the preliminary issues before them".
Added Lambda Legal Counsel Peter Renn: "Yet again, the Trump administration flouts established norms and procedures".
The Trump administration has taken an aggressive posture when lower courts have ruled against it on important issues.
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". The supreme court for now has refused to block the climate change trial.
However, the subject matter seems to be without precedent, meaning it's ripe for a Supreme Court review.
Touchdown: NASA's InSight Lands on Mars
It landed less than 600 kilometres from NASA's Curiosity rover, which until Monday was the youngest working robot on the planet. They actually have a radio transmitter attached to this spacecraft that will be able to determine how the planet wobbles.