Posted on Mar 20, 2019
Judge says Trump cannot implement transgender military policy
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Responses: 4
From a legal standpoint the Trump administration will win this one but they should wait until the judiciary is done doing its thing.
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From the article:
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The plaintiffs in that lawsuit argued the injunction holds until they decide whether they want a rehearing in front of the appeals court’s full bench. The deadline for them to decide is March 29.
In Tuesday’s court order, Kollar-Kotelly agreed, saying the D.C. Circuit Court’s judgment is not final until it issues a mandate after the deadline passes.
“On October 30, 2017, this court ordered defendants to maintain the status quo as it relates to the accession and retention of transgender individuals in the military. That preliminary injunction remains in place until the D.C. Circuit issues its mandate vacating the preliminary injunction,” she wrote. “Lacking a mandate, defendants remain bound by this court’s preliminary injunction to maintain the status quo.”
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This is only a temporary victory unfortunately. It's possible the court could change their mind en banc however. Either way, I doubt this ban is long for the world. The courts might refuse to strike it down, but I doubt whoever President 46 winds up being will continue this, as all it is at the moment is executive action. If republicans really wanted to make this permanent, you'd think they would have passed a bill through the senate and house, like what happened with Don't Ask Don't Tell. They didn't though, which tells me that even among conservative lawmakers there isn't much support for this.
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The plaintiffs in that lawsuit argued the injunction holds until they decide whether they want a rehearing in front of the appeals court’s full bench. The deadline for them to decide is March 29.
In Tuesday’s court order, Kollar-Kotelly agreed, saying the D.C. Circuit Court’s judgment is not final until it issues a mandate after the deadline passes.
“On October 30, 2017, this court ordered defendants to maintain the status quo as it relates to the accession and retention of transgender individuals in the military. That preliminary injunction remains in place until the D.C. Circuit issues its mandate vacating the preliminary injunction,” she wrote. “Lacking a mandate, defendants remain bound by this court’s preliminary injunction to maintain the status quo.”
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This is only a temporary victory unfortunately. It's possible the court could change their mind en banc however. Either way, I doubt this ban is long for the world. The courts might refuse to strike it down, but I doubt whoever President 46 winds up being will continue this, as all it is at the moment is executive action. If republicans really wanted to make this permanent, you'd think they would have passed a bill through the senate and house, like what happened with Don't Ask Don't Tell. They didn't though, which tells me that even among conservative lawmakers there isn't much support for this.
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Let them in ,don't let them in, I don't care, but the military should not be on the hook to pay for anything once they get in except regular medical treatment.
(2)
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