Can’t catch a break in the courts.
A federal appeals court on Friday ruled in favor of a controversial Trump administration ban of transgender personnel in the military, though the policy can’t be implemented yet because of ongoing lawsuits.
The U.S. Court of Appeals for the District of Columbia said a lower court judge erred in blocking the policy, also known as the “Mattis Plan,” which was named for former Defense Secretary Jim Mattis who drafted its specifics. The policy originated from a proposal in 2017 by President Donald Trump.
While Friday’s ruling isn’t final, the three-judge panel concluded public interests outweigh the injunction to halt the policy.
“Although today’s decision is not a final determination on the merits, we must recognize that the Mattis Plan plausibly relies upon the ‘considered professional judgment’ of ‘appropriate military officials,’” the ruling states. “In light of the substantial constitutional arguments and the apparent showing that the policy accommodates at least some of Plaintiffs’ interests, we think that the public interest weighs in favor of dissolving the injunction.”
A White House effort to ban transgender people from military service has been mired in confusion, chaos and a web of litigation nearly two years after Trump fired off tweets that ignited the controversy, experts have said.
For now, a 2016 Pentagon policy to open the military to transgender individuals remains in place, but a Trump administration effort to reverse that plan has created a chilling effect for potential recruits and heightened fears for some servicemembers, some advocates for transgender personnel have said.
On Friday, the Defense Department lauded the appeals court ruling.
“The department is pleased with the D.C. Circuit’s decision. However, the department remains bound by three other court orders that require continued implementation of the [former Defense Secretary Ash] Carter policy,” Pentagon spokeswoman Jessica Maxwell said. “The department will continue to adhere to those orders.”
via Weasel Zippers
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