Last Wednesday, the government filed notices with the Ninth Circuit in Karnoski v. Trump and in the D.C. Circuit in Doe 2 v. Trump, informing the courts of the government’s intent to seek expedited review by the Supreme Court, bypassing the regular appeals process if necessary. In each case, the government is appealing preliminary injunctions which currently block implementation of a policy barring transgender individuals, with few exceptions, from serving in the military.
Latest in Transgender Servicemembers
Document: Trump Administration Seeks Emergency Stay of Order to Produce Privilege Log in Transgender Servicemember Ban Litigation
On Monday, the Trump administration applied to the Supreme Court for an emergency stay of a district court order in litigation related to the transgender servicemember ban. A district court ordered the government to produce a log of evidence it believes is subject to presidential communications privilege. The government argues that a 2004 case should protect the government from doing so. The full application is below.
A little over a year ago, on July 26, 2017, the president tweeted:
After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow......
On Aug. 25 2017, President Trump ordered the U.S. government to not accept or allow transgender individuals to serve in the U.S. military. Two plaintiffs, Jane Doe 1 and Jane Doe 2, subsequently filed a lawsuit seeking to block the memorandum and sought a preliminary injunction. The court granted the preliminary injunction in Oct. 2017.
Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Colombia issued two rulings on Aug. 6 in the case of Doe v. Trump.
On Friday, April 13, the U.S. District Court for the Western District of Washington ruled that its preliminary injunction on the president’s ban on military service by openly transgender individuals will remain in effect. The court also ruled to make transgender people a protected class, citing the systemic oppression transgender individuals have long faced. The court’s ruling is below:
On March 23, the Trump administration released a new order restricting the ability of transgender individuals to serve in the military.
On March 23, President Trump announced a new policy limiting the ability of transgender people to serve in the U.S. military, based on a recommendation prepared by Defense Secretary James Mattis. Trump's memo, Mattis's memo and the Defense Department study on which Mattis's memo is based are all included below.
Summary: D.C. District Court Rejects Government Motion for a Stay in Transgender Servicemember Litigation
On Dec. 11, Judge Colleen Kollar-Kotelly of the U.S. District Court of the District of Columbia denied a government motion in Doe v. Trump that requested a partial stay of an Oct. 30 injunction that required the government to allow transgender servicepeople to enlist in the military starting Jan. 1 pending appeal (“the accession policy”).
Judge Colleen Kollar-Kotelly denied the government's request for a partial stay of the court's Oct. 30 injunction, which required the military to allow prospective transgender enlistees by Jan. 1. The full order is below.
Summary: Stone v. Trump U.S. District Court for the District of Maryland Memorandum Opinion and Preliminary Injunction
On Nov. 20, Judge Marvin Garbis of the U.S. District Court for the District of Maryland issued a memorandum opinion and preliminary injunction against the government in Stone, et al., v.