The Ninth Circuit says the transgender service ban is subject to heightened scrutiny, vacates the district court’s orders upholding the preliminary injunction and compelling discovery, and remands for reconsideration.
Latest in Transgender Servicemembers
On March 19, Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia clarified in a filing that the court's nationwide preliminary injuction of President Trump's transgender service ban remains in effect, in response to the Defense Department's announcement that it would begin enforcing the policy in April. The notice is available in full here and below.
But the lack of tailoring—the careful fitting of means to chosen ends—in the military’s transgender policy should prompt the courts to look more closely at the Trump administration’s rescissions of various measures followed or implemented by the Obama administration.
The U.S. District Court for the District of Maryland issued a stay of the preliminary injunction in Stone v. Trump, removing, in the government’s view, the sole remaining obstacle to implementation of the ban on transgender service members.
The cases will move forward through the normal appellate process with the ban against transgender servicemembers in place.
On Tuesday, the Supreme Court on 5-4 decisions granted two stays of district court injunctions in Trump v. Karnoski and Trump v. Stockman, two cases challenging the Trump administration's ban on military service by transgender people. The orders are below.
18A625 TRUMP, PRESIDENT OF U.S., ET AL. V. KARNOSKI, RYAN, ET AL.
On Friday, the D.C. Circuit lifted a preliminary injunction against the Trump administration's restriction on military service by transgender people. The full ruling is below.
An update in the ongoing litigation over the Trump administration's ban on military service by transgender people.
The U.S. District Court for the District of Columbia declined on Nov. 30 to grant the government's motion for a stay of the court's preliminary injunction halting implementation of the ban on military service by transgender individuals. The court's order is available here and below.
On Nov. 23, the Trump administration filed petitions for a writ of certiorari before judgment in three lawsuits challenging its ban on military service by transgender people, preempting rulings by the courts of appeals.