Posted on April 14 2018
🚨Update 04/18/2018 new ORDER🚨
Judge rips into the Trump Administration:
“Court’s initial impression that Defendants have asserted several privileges in this case in a broad, summary manner that may or may not prove defensible. It is also the Court’s initial impression that Defendants have done so as a tactic
to stall this lawsuit. Hopefully, these impressions are incorrect. However, if correct, this is unacceptable and Defendants are hereby warned that frivolous assertions of privilege will not be tolerated.” (Emphasis Added)
🚨Administration is ORDERED to produce documents on or before May 15...
Trump Transgender Military Ban via Twitter
The tweets that launched numerous lawsuits:
On the morning of July 26, 2017 Millions of Americans and hundreds of thousands of members of the military awoke to a 3 (non-threaded) tweets from Donald Trump. Soak that in, the “so called” President tweeted “new” public policy:
- First tweet, 8:55AM July 26, 2017👉🏻archived
- Second Tweet 9:04AM July 26, 2017👉🏻archived
- Third & final tweet, 9:08AM July 26, 2017 👉🏻 archived
In sum, it took Trump 13 minutes to type 62 words? Yet this guy has our Country’s nuclear codes. God help us all. I guess the silver lining is, if Trump starts an actual war (mainly to distract from his growing Russia, Cohen, Porn Star, Hush Money) average Americans have an extra 13-15 minutes.
When Trump was on the Campaign trail, pandering for support and votes from various demographic groups he was struggle to win over.
In Trump’s own words during his RNC Convention Speech:
”I will do everything to protect the LGBTQ community from violence”
Within weeks of Trump’s Twitter-Policy, a federal lawsuit was file. The lawsuit sought to challenge the Constitutionality of Trump’s reversal of the Department of Defense policy as it relates to LGBQT.
Link to the August 9, 2017 👉🏻Complaint
Moreover the Plaintiffs correctly argued substantive “injury”, cited the;
- “directive to reinstate a ban on open service by transgender people violates both the Equal Protection component of the Fifth Amendment and the Due Process Clause of the Fifth Amendment to the United States Constitution...”
- “Defendants are estopped from terminating the continued service of Plaintiffs and other active duty transgender servicemember”
- Plaintiffs also cited, the Military had “carefully studied” LGBTQ service. After careful review the conclusion was: “there is no reason to bar transgender people from military service.”
June 2016 Defense Secretary Ash Carter:
announcement regarding Transgender Service members. Rewatch this video
🏳️🌈October 2017 - Nationwide Injunction 🏳️🌈
On October 30, 2017 a Federal Judge GRANTED a preliminary injunction, enjoining Trump & the DOD for implementation of Transgender Military Ban. This ruling was largely overlooked because this is the same day Manafort and Gates turned themselves in and the SAME day the Court unsealed their respective indictments.
In the Order & Opinion the Judge was crystal clear:
- “Preliminary Injunction. Defendants shall be preliminarily enjoined from enforcing the Accession and Retention Directives, corresponding with sections 1(b) and 2(a) of the Presidential Memorandum, until further order of the Court or until this case is resolved.”
You can read the 76 page Order & Opinion via this 🏳️🌈link 🏳️🌈
🏳️🌈Federal Judge April 13, 2018🏳️🌈
Order & Opinion
The fight never stopped. On March 23, 2018 the Trump Administration via this Department of Justice filing, entered “an Implementation Plan”. Upon reading Trump’s 2 page Implementation Plan, it’s clear that substantively Trump’s plan largely ignored the previous Court Order & Opinion.
This particular March Implementation Plan was repeatedly cited in Judge Pechman’s Order. In Judge Pechman Order, she specifically ruled:
- “transgender people were a protected class and that the injunctions against the implementation of the ban that had been issued in December should remain in place”
- the Court concludes otherwise, and rules that the preliminary injunction will remain in effect. Each of the claims raised by Plaintiffs and Washington remains viable.
- “The Court also rules that, because transgender people have long been subjected to systemic oppression and forced to live in silence, they are a protected class.“ (emphasis added)
- “Therefore, any attempt to exclude them from military service will be looked at with the highest level of care, will be subject to the Court’s ‘strict scrutiny.”
- This means that before Defendants can implement the Ban, they must show that it was sincerely motivated by compelling interests, rather than by prejudice or stereotype, and that it is narrowly tailored to achieve those interests,”
- “before Defendants can implement the Ban, they must show that it was sincerely motivated by compelling interests, rather than by prejudice or stereotype, and that it is narrowly tailored to achieve those interests.” (emphasis added)
And then the Judge lowers the BOOM:
- “case continues forward on the issue of whether the Ban is well-supported by evidence and entitled to deference, or whether it fails as an impermissible violation of constitutional rights.”
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