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Posted on Jan 2, 2018 Print this Article

Departments of Defense and Justice Letting Down President Trump on Military Transgender Policies

Four federal district court judges and two Courts of Appeals have ordered the Department of Defense to recruit persons identifying as transgender, starting on January 1, 2018. The Department of Justice failed to file an immediate emergency appeal to the U.S. Supreme Court, citing as their excuse a pending Defense Department “study” of the issue.  The following comments may be attributed to Elaine Donnelly, President, Center for Military Readiness:

“Under Article III of the U.S. Constitution, the federal courts have no authority to make policy regarding the military.  The Department of Justice (DoJ) should have protected the constitutional rights of President Donald J. Trump by filing an emergency appeal with the Supreme Court immediately after the District of Columbia and Fourth Circuit Courts of Appeals denied requests for stays of lower court preliminary injunctions.

“The issue is not the military transgender policy alone, but who gets to decide what the policy will be.  By failing to petition the Supreme Court to stay the lower court orders, the DoJ has tacitly conceded that federal judges can make military policy and establish medical standards for enlistments.
Posted on Jan 2, 2018 Print this Article