Author Topic: U.S. appeals court hands win to Trump on transgender military ban  (Read 187 times)

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Online Mr Mannn

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Eugene (38,632 posts)

U.S. appeals court hands win to Trump on transgender military ban
Source: Reuters

WASHINGTON (Reuters) - In a legal victory for U.S. President Donald Trump’s administration, a federal appeals court on Friday threw out a lower court ruling that blocked a policy barring certain transgender people from serving in the U.S. armed forces, which the government said is important for military readiness.

The U.S. Court of Appeals for the District of Columbia Circuit overturned a decision by a federal judge in Washington, D.C., to block the Trump policy because it likely violates the constitutional rights of transgender recruits and service members.

The victory is limited. Although the appeals court sided with the administration, other federal courts issued injunctions against the policy, which applied nationwide. The administration already has asked the Supreme Court to weigh in on the issue. The high court is due to consider whether to hear three separate government appeals at its private conference on Jan. 11.

The various injunctions allowed transgender troops to join the ranks as of Jan. 1, 2018.

-snip-

U.S. JANUARY 4, 2019 / 10:31 AM / UPDATED 16 MINUTES AGO
Lawrence Hurley
3 MIN READ


Read more: https://www.reuters.com/article/us-usa-court-transgender/u-s-appeals-court-hands-win-to-trump-on-transgender-military-ban-idUSKCN1OY1BI
New thread, no real response yet. Should be good for some fireworks.

Offline SVPete

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Re: U.S. appeals court hands win to Trump on transgender military ban
« Reply #1 on: January 04, 2019, 09:45:06 AM »
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The victory is limited. Although the appeals court sided with the administration, other federal courts issued injunctions against the policy, which applied nationwide. The administration already has asked the Supreme Court to weigh in on the issue.

Usually (as I understand it, NOT being in the legal profession) Circuit Court rulings are binding within the territory of the circuit, unless the USSC rules on it (and maybe if they decline review). I'm not clear, though whether the DC Circuit is territory based, and whether its rulings are binding nation wide for Federal actions outside the DC Circuit.

That said, the USSC tends to take on cases where Circuit Court rulings conflict. So the chances the USSC will take this case are in the high-certainty range, I think. IIRC, the particulars of this "ban" are based on the impracticality of getting appropriate meds and medicinal/psychological treatments to remoter stations and postings in a timely manner, making a Trans service member a potential liability at critical times..
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Offline SVPete

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Re: U.S. appeals court hands win to Trump on transgender military ban
« Reply #2 on: January 04, 2019, 09:47:18 AM »
There are a couple of stupid and irrelevant responses that the DU-members imagine demonstrate the foolishness of the "ban".
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