Clinton and Obama Judges Combine to Overrule the Military's Judgment about Good Military Order, Insist That No One Can Reject Transgenders In the Military for Any Proper Logical Reasons

It can only be arbitrary and "based upon animus." There are no conceivable reasons why people with a history of mental illness and a dependency on constant medical interventions and mind-affecting artificial hormones would not make for good recruits.

None. Not a one.

Divided appeals court rules Trump administration's ban on transgender military service is unconstitutional

Washington -- A divided federal appeals court ruled Monday that the Trump administration's policy banning transgender individuals from serving in the military is likely unconstitutional.

A panel of three judges on the U.S. Court of Appeals for the D.C. Circuit split 2-1 in finding that the ban rolled out by Secretary of Defense Pete Hegseth last year was driven by animus toward transgender people.

Judges Judith Rogers and Robert Wilkins agreed that the Trump administration's policy targeting transgender service members likely violated the Constitution's guarantee of equal protection.

The two judges agreed to leave in place a preliminary injunction that prevented the Defense Department from removing transgender troops who are in the military. That order is narrow and only covers the active-duty plaintiffs in the case.

"The government's stated reason for issuing the Hegseth Policy as based solely upon gender dysphoria was pretextual, and that instead, the Hegseth Policy was premised, at least in part, on a non-legitimate state interest to harm the politically unpopular group of transgender persons," Wilkins wrote in an opinion, adding that President Trump "declared transgender people as categorically unfit for military service explicitly because of their gender identity."

In other words, we don't have to examine the reasons offered for the policy, because we know they're lies, and once you exclude the reasons offered -- which we know are lies -- there are no reasons left, and hence it's "arbitrary." Oh, and the lies are motivated by "animus."

Therefore, we pencilnecked DEI hires are in charge of the armed forces now. Ooooh-rah, bitches!

Wilkins and Judge Justin Walker, meanwhile, allowed the administration to enforce restrictions on transgender plaintiffs who sought to join the military but were prevented under the new policy from doing so.

Walker, who authored a dissenting opinion, was nominated to the federal bench by Mr. Trump in 2020. Wilkins was appointed to the D.C. Circuit by President Barack Obama, and Rogers was tapped for the appeals court by President Bill Clinton.

Mr. Trump signed an executive order in the opening days of his second term that targeted active-duty and prospective service members with gender dysphoria. The president's directive said that the military's "high standards for troop readiness, lethality, cohesion, honesty, humility, uniformity and integrity" are inconsistent with the "medical, surgical and mental health constraints on individuals with gender dysphoria."

...

"This is not a case where we are left to speculate why the government drafted such broad, undifferentiated classifications," Wilkins said. "Unless we are going to fall for the old Groucho Marx line -- 'who are you going to believe, me or your lying eyes?' -- we have direct evidence in this case that animus motivated the classifications in the Hegseth Policy."

The Obama and Clinton judges just pretend that being on a lifelong diet of hormones and surgeries won't disrupt readiness or result in so-called "military personnel" calling out sick for duty.

Note, however, that the policy isn't completely undone. Both the Clinton and Obama judge agree that the military may refuse to recruit transgenders going forward.

The Clinton judge would only permit the transgenders who sued to remain in the military. I assume that this is the actual holding, because it's what both the Clinton and Obama judges agree on. (The Obama judge would extend this to all transgenders currently serving.)

Josh Gerstein @joshgerstein

46m

NEW: DC Cir. panel splinters on Trump ban on trans people in military. Wilkins (Obama) controls, protecting existing members but not future ones. Rogers (Clinton) would uphold injunction on policy but only for suers. Walker (Trump) would let policy stand.

Update:

Mark Hemingway @Heminator

This is insane. You can't serve if you have a nut allergy, but taking large amounts of mood altering exogenous cross-sex hormones around heavy weaponry is OK?

That's an arbitrary claim based on animus, bub. Watch it.

So close to Pride Month, too!

posted by Disinformation Expert Ace at 04:24 PM

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