Not enough information to tell us the grounds on which the court ruled or even what it’s ruling was–did it reverse a refusal to enter a preliminary injunction, or go further.
And who was on the panel? The DC Circuit was pretty liberal under Obama. If the ruling is re-heard en banc, what is the likelihood that the panel will be reversed?
An un-democratically-selected Republican President is nominating hundreds of far-right judges to lifetime federal judicial appointments, and they are being confirmed by a Senate Majority that represents only 18% of the population from mostly white rural states.
This is only going to get worse.
No democracy, no justice.
“Military policy until a few years ago had barred service by transgender people. That changed under President Barack Obama, but President Donald Trump said he would reverse course…”
But, of course, there’s no difference between Democrats and Republicans in our hellish Dystopian Duopoly™.
As the usual handful of tedious TPM trolls constantly remind us.
But there is a diference.
Democratic pols are as corrupt as the day is long – corrupt Republican pols are a 24/7 operation.
With Democrats in office, we get some relief, now and then.
At least some of the DC circuit folks are viciously right wing. That was why the republicans wanted to freeze appointments.
The Republican war against transgender people and dark-skinned immigrants has replaced the previous war against gay people (although of course there are still many issues to be resolved). They have to have groups to vilify for their style of politics to work.
Anyone who feels threatened by gay marriage, or transgender people, or immigrants fleeing persecution for a better life, is just hopelessly incapable of empathy and conceptual thinking. Pandering to people like this is simply the lowest form of political action and thought.
But remember, they’ve got slogans! And in bold! So that automatically makes things better.
This isn’t over yet, we’ll have to wait for the SC to take it up (and they will). I suspect an en banc ruling would overturn this, but that may depend on how much freedom DoD and the executive have to create policy…that freedom allowed Truman to desegregate the military essentially by fiat. I don’t know if Trump could do the reverse by executive order…I suspect not, but the laws protecting against that likely have not extended to trans troops (and maybe not LGB either).
This my personal opinion and I may be wrong but I think the last person you want to stand in front of is a Judge. I doubt 5% of them are capable of keeping their personal biases and prejudices from influencing their decisions. Just because it came from a Judge does not mean it’s just. Judges can be bigots, partisans and stupid. They also have egos so big I’m surprised they can find robes to wrap them in. A policy that prohibits a fit person from serving in an all volunteer army is discriminatory in both directions. It should be looked at as denying people the right to be fully American.
Exhibit 1 for the prosecution:
Former Texas Judge Louie Gohmert
The prosecution rests.
This ruling is dumb. “Some Transgender people appear to be able to serve”? Really? First off, the policy (as I understand it) only allows people to serve as their biological sex, so, technically it’s true, but Transgender people don’t identify as their “biological sex”, so, Transgender people are basically they’re being asked to stuff themselves in a closet. Oh yes, they can be Transgender, but can’t act like it (i.e. present themselves as their identified gender). Second, the policy bars any Transgender people suffering from Dysphoria. Now, while the presence of Dysphoria (basically, the feeling of incongruence between one’s sex assigned at birth vs. what they identify as) is not required to identify as Transgender and/or transition, most Transgender people suffer some degree from dysphoria but, with medically recognized treatments (i.e. Socially transitioning, Gender Affirming Surgeries, Hormone Replacement Therapy), Dysphoria can often be successfully reduced to manageable levels that shouldn’t impact a person’s ability to serve in the military. But the policy as constituted doesn’t allow for that to be addressed via treatments so as to enable somebody to successfully address their Dysphoria. The policy- and the arguments being used to support it- are a steaming pile of *** and not supported by any reputable scientific research.
It’s even stupider than that. Many trans people don’t have the physical characteristics of their “biological sex”. So would they need prosthetics, a makeup crew, surgery, what?
Yep, that text bears all the earmarks of the DC circuit nutbar faction.
How about banning “trans-ignorant” or “trans-racist” a-holes from serving as POTUS?
With all the folk that the regime don’t want to serve in the military, who, exactly, is left other than White, straight men? I have no doubt that if (big IF) this ruling were allowed to stand, gays and women are next in line to be booted out.
the policy totally neglects people with intersex conditions.
Neglects isn’t even the word. It renders them administratively nonexistent.
It’s got to make you wonder, though, just what particular bug trump has up his butt about trans people. There’s a long history of authoritarians and crossdressing, but maybe it’s more than that. Maybe someone from Gansevoort St has a story…
(yeah, that’s completely unsupported salacious speculation, but it’s late)
So coukd Ghouliani serve in the military or not?
I think there’s a real video I’ve seen somewhere where Rudy Guiliani and Trump meet up with Rudy in full-on Drag as Marilyn Monroe. Obviously not the same as being Transgender but still. Trump looked like he was enjoying it.
Yeah. I suppose I undersold it a bit. I would say that the policy effectively does the same thing towards Transgender people in general.