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demmiblue

(36,845 posts)
Tue Jan 22, 2019, 10:42 AM Jan 2019

BREAKING: Supreme Court reinstates Trump's ban on trans servicemembers in the military

Source: Think Progress

The Supreme Court handed down a pair of orders on Tuesday that effectively reinstate the Trump administration’s ban on trans military service.

The cases are Trump v. Karnoski and Trump v. Stockman. In both cases, a lower court halted the ban. Tuesday’s orders temporarily stay those lower court decisions while the cases make their way through the federal courts. The Supreme Court voted along party lines to stay these decisions, with Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan in dissent.

While the Republican-controlled Supreme Court was always likely to take up these cases eventually — and always likely to rule in favor of Trump — the Court’s decision to permit the Trump administration to stay these lower court orders suggests that the Court’s majority is especially eager to uphold Trump’s policy.

Even setting aside the fact that the Court’s Republican majority is unlikely to be sympathetic to transgender civil rights under any circumstances, courts are especially likely to defer to the elected branches on questions involving the military or national security.

Read more: https://thinkprogress.org/breaking-supreme-court-reinstates-trumps-ban-on-trans-servicemembers-in-the-military-a5b044d72862/

47 replies = new reply since forum marked as read
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BREAKING: Supreme Court reinstates Trump's ban on trans servicemembers in the military (Original Post) demmiblue Jan 2019 OP
Shit. Nt Ninga Jan 2019 #1
RUMP-PUTINS plan taking hold!!!!!!!!!!! bluestarone Jan 2019 #2
GOP dictatorship well under way workinclasszero Jan 2019 #24
Gorsuch and Kavanaugh are cementing the RW majority on the court dalton99a Jan 2019 #3
Disgusting! fleur-de-lisa Jan 2019 #9
And when civil unrest becomes our only recourse, that will be the ultimate win for putin Eliot Rosewater Jan 2019 #26
Marching back in time in yet another way. JohnnyLib2 Jan 2019 #4
So no proof of national security issues is necessary. I am assuming no Muslims next? No atheists? Freethinker65 Jan 2019 #5
Maddening, but not surprising... Ferrets are Cool Jan 2019 #6
I'm sure Merrick Garland would have done the same IronLionZion Jan 2019 #7
Clearly the same - no difference between Democrats and Republicans dalton99a Jan 2019 #11
That's what the MSM tells me 20 times a day or so workinclasszero Jan 2019 #25
Man you got it!!!!!!!!!!!!!!! bluestarone Jan 2019 #37
Ownership by hardcore republicans workinclasszero Jan 2019 #45
If I threw a rock metaphorically on the internet I could hit a couple people Eliot Rosewater Jan 2019 #27
Amen,Eliot. Amen. Ohiogal Jan 2019 #43
And the fukin orange stain videohead5 Jan 2019 #8
I don't understand it... PeeJ52 Jan 2019 #10
My Guess RobinA Jan 2019 #23
Control of SCOTUS was on the ballot in 2016 Gothmog Jan 2019 #12
And a certain group INCESSANTLY ravaged my candidate to the point many stayed home. Eliot Rosewater Jan 2019 #28
History books will be written of this time mickswalkabout41 Jan 2019 #13
I'm NOT proud to be an American. NurseJackie Jan 2019 #14
Misleading headline MosheFeingold Jan 2019 #15
Is there a point when a transgender individual does NOT need hormones? NurseJackie Jan 2019 #17
it is obamanut2012 Jan 2019 #18
My understanding is it is only during transition MosheFeingold Jan 2019 #19
An excellent point Docreed2003 Jan 2019 #35
So how do women on birth control pills fit in?? LeftInTX Jan 2019 #41
Good question MosheFeingold Jan 2019 #47
gawd i hate these motherfuckers. barbtries Jan 2019 #16
MAGA hat wearers love this , they live to hate. Eliot Rosewater Jan 2019 #31
Damn it. n/t area51 Jan 2019 #20
Another 5-4 travesty. SunSeeker Jan 2019 #21
Total bullshit n/t Victor_c3 Jan 2019 #22
Sigh. Elections have consequences. bearsfootball516 Jan 2019 #29
RIP First Amendment. 1781 - 2019. You will be missed. Initech Jan 2019 #44
Tired of winning yet Caitlyn? workinclasszero Jan 2019 #30
Am I right to think they only reinstated the ban but didn't actual uphold it lunatica Jan 2019 #32
Another step towards totalitarianism Leith Jan 2019 #33
And so it begins... TommyCelt Jan 2019 #34
A friend posted this on Facebook (from Lambda Legal) NurseJackie Jan 2019 #36
Disgusting old white men trying to legislate their own fears. nt akraven Jan 2019 #38
Ugh I'm gonna be sick. Fuck the bigots. Initech Jan 2019 #39
We warned people to vote Clinton in 2016 Rizen Jan 2019 #40
Fuck Susan Sarandon and everyone else who tried to harm Hillary... NurseJackie Jan 2019 #42
Nobody can say they weren't warned what would happen if the orange shitgibbon was elected workinclasszero Jan 2019 #46

Freethinker65

(10,017 posts)
5. So no proof of national security issues is necessary. I am assuming no Muslims next? No atheists?
Tue Jan 22, 2019, 10:54 AM
Jan 2019

No lesbians nor gays?

Regardless of unique expertise, abilities, nor qualifications (IT, language knowledge, contact knowledge, etc.).

How exactly does this ruling make the country safer???

IronLionZion

(45,433 posts)
7. I'm sure Merrick Garland would have done the same
Tue Jan 22, 2019, 10:54 AM
Jan 2019

since both parties are the same, there's no point voting, Hillary's emails, etc.

bluestarone

(16,926 posts)
37. Man you got it!!!!!!!!!!!!!!!
Tue Jan 22, 2019, 01:50 PM
Jan 2019

Really pisses me off too!!!! Hardly ever mention TURTLEFACE!!! What the fuck is wrong with them?

Eliot Rosewater

(31,109 posts)
27. If I threw a rock metaphorically on the internet I could hit a couple people
Tue Jan 22, 2019, 01:29 PM
Jan 2019

who bad mouthed my candidate so much that others decided not to vote at all and I will NEVER forgive them.

videohead5

(2,172 posts)
8. And the fukin orange stain
Tue Jan 22, 2019, 11:04 AM
Jan 2019

In the white house would not fight for his country because his daddy had a doctor lie that he had bone spurs. These people have put their lives on the line and they get thrown out.

 

PeeJ52

(1,588 posts)
10. I don't understand it...
Tue Jan 22, 2019, 11:06 AM
Jan 2019

The armed services accepts men. The armed services accepts women. The armed services places men in combat situations. The armed services places women in combat situations. What's the difference?

I would be concerned if someone was using the armed services just to have them pay for the surgery and then they skip out. That wouldn't be right. However if a person already made the transformation, why bother?

Gothmog

(145,176 posts)
12. Control of SCOTUS was on the ballot in 2016
Tue Jan 22, 2019, 11:09 AM
Jan 2019

trump supporters turned out to vote for trump to get rulings like this

mickswalkabout41

(145 posts)
13. History books will be written of this time
Tue Jan 22, 2019, 11:34 AM
Jan 2019

And I want their names and faces published to remind my children’s children what it was like to live under male authorism and racism. And the men who held those draconian values. Let them be remembered as Hitler is remembered.

MosheFeingold

(3,051 posts)
15. Misleading headline
Tue Jan 22, 2019, 11:49 AM
Jan 2019

The military bans people with medical dependencies. For example, diabetes, even if well controlled. Even allergies can result in a ban.

This ban only applies to transgender people while dependent on hormones (e.g., testosterone or estrogen).

One the transition is complete, the ban does not apply.

We don't need to alarm people unnecessarily. Get their procedures complete, and go forward.

NurseJackie

(42,862 posts)
17. Is there a point when a transgender individual does NOT need hormones?
Tue Jan 22, 2019, 12:03 PM
Jan 2019
This ban only applies to transgender people while dependent on hormones (e.g., testosterone or estrogen).
That sounds like a effective and sweeping ban to me.

Is there a point when a transgender individual does NOT need hormones? I thought it was indefinite and/or lifelong.

MosheFeingold

(3,051 posts)
19. My understanding is it is only during transition
Tue Jan 22, 2019, 12:26 PM
Jan 2019

But I don't really know.

If it's a lifetime medical treatment (esp injections), it would be a deal breaker, same as any chronic medical condition.

I know one guy that had very minor arthritis and when he started to have to get monthly injections, he ended up with a medical discharge.

Again, assuming you are correct, it would be odd to carve this kind of injection out from the general rule, if the goal is equal treatment.

LeftInTX

(25,304 posts)
41. So how do women on birth control pills fit in??
Tue Jan 22, 2019, 02:32 PM
Jan 2019

Basically it's the same thing....variation of a theme

MosheFeingold

(3,051 posts)
47. Good question
Tue Jan 22, 2019, 03:54 PM
Jan 2019

But I understand (from reading Wikipedia, the extent of my knowledge here) that the drugs used for transitioning are MUCH stronger than birth control and are done by a weekly shot.

Maybe not; I would encourage someone more knowledgeable on the topic than me to come forward.

Anyway, I've read the briefs on the SCOTUS blogs/websites.

The chronic condition/drug dependency issue is what the opinion will turn on, legally.

Just being blunt, the SCOTUS will have to find that the public policy reasons grossly outweighs the military necessity/bright line rules.

It's a long shot (and would even be a long shot with Ruth Bader active on the Court). There's a case regarding whether it was discriminatory to just require men to register for the selective service (it is not) that had similar public policy reasoning that would probably have to be overturned -- which probably won't happen.

Anyway, don't get your hopes up.

barbtries

(28,789 posts)
16. gawd i hate these motherfuckers.
Tue Jan 22, 2019, 11:51 AM
Jan 2019

aaargh

pack the court. this cannot continue for the foreseeable future.

lunatica

(53,410 posts)
32. Am I right to think they only reinstated the ban but didn't actual uphold it
Tue Jan 22, 2019, 01:32 PM
Jan 2019

as Constitutional?

Doesn’t it still have to be argued on a Constitutional level?

Am I just foolishly hanging onto some fallacy?

NurseJackie

(42,862 posts)
36. A friend posted this on Facebook (from Lambda Legal)
Tue Jan 22, 2019, 01:50 PM
Jan 2019

By now, you may have already heard the latest from our transgender military ban case, Karnoski v. Trump.

Just this morning, the U.S. Supreme Court refused to short-circuit the normal appeals process and has rejected the Trump administration’s request; instead of prematurely ripping our case out of the lower courts, the Supreme Court agreed with us that the court of appeals should be allowed to rule on the constitutionality of the ban.

This means the fight continues.

But in a narrow 5-4 decision, the Supreme Court also granted the Trump administration’s request that it be allowed to implement its discriminatory ban while our challenge works its way through the courts.

Transgender people who are serving our country, or who wish to serve, deserve much better than this, and we won’t stop fighting for them.

You can count on it: This battle is far from over.

 

workinclasszero

(28,270 posts)
46. Nobody can say they weren't warned what would happen if the orange shitgibbon was elected
Tue Jan 22, 2019, 03:53 PM
Jan 2019

Democrats shouted it from the rooftops for months.

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