U.S. District Court Judge forces DoD to accept transgender troops
According to Newsweek, U.S. District Court Judge Colleen Kollar-Kotelly issued an injuction to block the President’s order to ban the enlistment of transgender recruits until the Pentagon can complete it’s review of the pre-2016 ban.
The injunction was issued Monday after lawyers for five unnamed transgender troops sought clarification from Kollar-Kotelly about the extent of a preliminary injunction she issued against Trump’s orders last month.
“This is an important clarification because it means the military can’t do an end run around the judge’s decision,” said Jennifer Levi, of the GLBTQ Legal Advocates & Defenders (GLAD) which is representing the soldiers, in an interview with NBC News.
From The Hill;
Judge Colleen Kollar-Kotelly wrote that her injunction means that the military must continue to follow the policies established by former President Barack Obama’s “June 30, 2016 Directive-type Memorandum,” which allowed transgender individuals to enlist beginning on January 1.
“Any action by any of the Defendants that changes this status quo is preliminarily enjoined,” Kollar-Kotelly wrote in the Monday memo.
The ruling came after Trump issued a presidential order in August that the military stop enlisting transgender people and not to use funds to pay for gender transition-related surgery.
Trump reestablished the ban so that the Defense Department could study the issue and it’s impact on readiness, something that most judges and lawyers don’t understand.
Folks who are going through the medical procedures for altering their gender assignment can’t be deployed to combat, and probably couldn’t fill slots overseas because of a lack of medical facilities that they would need – this affects the readiness of units to perform in a complex world.
The President’s order merely rolled back the policy to the same way it existed through the first seven years of the Obama Administration and two hundred years of military policy before last year.
Thanks to Dave for the tip.
Category: Legal
Anything that this president does will be enjoined or overturned by a liberal judge legislating from the bench. It takes way too much to get anything done at all these days.
Who does that silly “bitch” or “bastard” whatever IT is THINK THEY ARE? Throw the s.o.b. off the bench!! imo
Black robed social justice warrior
How much you wanna bet she started out in divorce court?
Rough.
I bet she started out as a man
or maybe started out as a man?
I get so damn sick and tired of activist judges! In Washington state our Supreme Court is elected, they are a bunch of liberals that are an arm of the state teachers association. They found the Legislature in contempt until the poured more money into school funding and specifically teachers raises. They have taken the power away from the Legislature. There is no hope for the immediate future with the way this state swings. Now the Dems have both houses and the Governors office so gun control is coming at us. Let’s hope that Trump can get at least two more appointments to SCOTUS before he goes.
refuse to comply with her order and force the issue to the supreme court. The executive branch has sole authority over the DOD, to include the judicial system used.
Not to mention that there is no right to serve.
Quicker and easier solution: appeal to the CCA in her Ciruit, and request the Circuit to block her injunction until they’ve decided on the grounds of irreparable harm to both DoD and those transgenders wanting to enlist (e.g., potential training accident leading to death/disability and financial liability). If the CCA rules against, then appeal to the SCOTUS.
Have to go thru the CCA first. And the appropriate CCA is quite likely to put the kibosh on this obvious bullsh!t. As noted above, the POTUS has full discretion to change a predecessor’s policies so long as the previous policies were lawful. And as also noted above, there’s no “right” to serve in the military – you have to meet qualifications, many of which are indeed quite arbitrary.
This shit is getting really old. What is her basis for enforcing what was a previous President setting policy, that was reversed by the current President? Either Obama couldn’t set policy, or he could…and I’d he could, then the current President can restore the previous policies.
Military Service is not a Right. The left keeps this shit up, it is going to make it real easy to vote for President Hash tag again.
Defies rational thought – if it is illegal for this prez to rule on the issue it would be equally illegal for any other prez to rule on the issue.
They obviously want this to appear terribly complicated, but it is not. We are not required to share in their delusions.
I find that even people who are children and spouses of vets don’t understand the medical terms of enlistment. How can we deny people with asthma service and at the same time allow people who take a whole pile of supplemental hormones to adjust how they feel in?
People at large, and clearly this judge, do not understand the limits placed on physical enlistment are needed for our readiness and to protect the future troop! What if you deploy and are in a place where you can’t get your medication for weeks or months? Which is why these transgenders who are transitioning are never going to be deployable. If you aren’t deployable, really, what good are you to the service? It’s one thing to develop a condition that requires medication or treatment once you are in the service, it happens to almost everyone. However, we need to at least start from a position of strength. We should not be starting off service with all kinds of caveats.
I am feeling that she understands just perfectly, she doesn’t give a rats ass about the rule of law or what is best for the DoD. She wants to be like the other commies who have ruled for the”select few”
+1
Coming from someone who is currently going through an MEB to see if Crohns disease and the proper meds given will make me non-deployable.
If non-deployable, I will be forced into a Med Retirement a mere 17 years in… I would like to stay in but rules are rules; I will probably lose my collective shit(crohns pun there) ifn I am booted and someone who does feel like they are the gender they were born with is allowed to remain serving.
Both come from a position of right to serve. I understand that if I am not allowed to stay in, it is what it is.
Cheers,
MrFace
File under curiosity:
Are you under consideration for medical retirement, or is it a pure med separation?
It will be medical retirement due to being over 15 years of good service (In the Guard, so I fall under those certain aspects of separation due to medical issues.) Understandably so, I would not receive any retirement benefits(monetary that is) until age 59 and 1/2 minus the years served in a deployed/non-voluntary status; which would be about 3.5 total years. So effectively 56 years old. Which is some 20 years, although that isn’t the reason I serve or want to stay in; I believe in finishing the job I start(ed.) The only way to receive full retirement benefits(it that boot hits the ground) would be due to medical circumstances coming from an active duty deployment; which currently Crohn’s does not fall under that; as they have yet to determine the actually cause of the disease.
The main reason behind my situation is the drug(s) I would have to take. One being an immunosuppressant(which is self explanatory for nondeployed status) And the current one I chose(which has less efficacy but solves some issues with moderate-to-severe crohns colitis.) With that, still awaiting the board’s decision, which could take a few months depending on the examination of all my records from the pass two years(since being diagnosed.)
Cheers,
MrFace
Thanks for the response.
I could see where your frustration would stem from.
Maybe this whole Tranny thing is what is delaying your Board’s decision.
The only good thing from it. 😀 Give me a few months more in service.
Sometimes we want the bureaucracy to be slow.
This is one of those times where we can hope for that.
I have a suggestion for you, Brother.
Start by googling Chronic Systemic Inflammation. I would bet the farm that you are suffering from Oxidative Stress (we pretty much all are, IMO).
Plenty of antioxidants (dietary and supplement) will help , depending on the amount and type/quality.
Another issue may be Carbohydrate Sensitivity. Look up Ketogenic Diet. Jimmy Moore’s blog “Livin’ La Vida Low Carb” has beacoup info and links.
I hope these suggestions help you.
Your situation sounds incredibly frustrating, especially when you consider that if you would claim to have been harboring gender confusion, you could actually delay your separation long enough to draw your full retirement. Not that I am suggesting that you do that. Just an example of how crazy this mess is.
Being an honorable person, you would not do such a thing, of course. But it’s fun to ponder.
I’m really confused. Someone with a legal background explain this to me. How can a judge block an executive order???
By finding it unconstitutional. Since that takes an actual trial, with due time to consider both sides, she issued an order or injunction blocking enforcement of the order until that time.
But an executive order is not a law, right? They’re directives issued by the President to government agencies, right? So I’m really confused.
Congress writes the bill, POTUS signs into law…POTUS writes EO to whatever Department to explain how POTUS wants law enforced. (should be that simple, right?)
My question is:
Was there ever a rescinded EO issued? Or, was this a preemptive strike by the left over the tweet?
In other words, did they sue over the potential EO?
Executive orders aren’t really covered by the Constitution (except that it refers to the President having authority to do things). They’re supposed to be directives given to those in the executive branch on how to properly execute laws written by congress. They have the force of law in that they are supposed to be the day to day running of congressionally passed laws.
The reality is that they have gotten to be much more political than just giving the President’s wishes on how to enact or handle passed laws. Since the reconstruction era, they’ve become like royal edicts. They’re also very politicized.
Really, an executive order should only be made when congress has allowed such. Will of the people and all that. The reality is that congress can’t get their stuff together to do anything but write more laws, without enforcing anything on the books.
And any EO, like any law or regulation (another quasi-law handed down by agencies without necessarily having any direct involvement of congress), it must be Constitutional. Who decides that? The courts. As with all things political, that’s where it ends up being decided.
Just look at the CFPB right now! Agency head promotes his choice for new head on his way out the door. Trump tries to appoint a different acting head while selecting and nominating (and confirming) a new head. Of course, the person who was suddenly handed the reins doesn’t want to just let the President decide how he wants it run. So it’s now going to be decided by the courts who can be the ACTING head of that department.
All financed by whom? Not her, but who knows where the actual monies are coming from.
In the meantime, the CFPB is being run by two people who are sending out agency-wide memos saying “I’m the one really in charge.” This is honestly the types of supposedly “responsible” and “adult” people we have working in the highest reaches of government. Bickering over an acting appointment like children. Why? Because even the acting role comes with a lot of power.
The court said “no” to the restraining order, so Trump’s designated person will run that mess.
And ther is likely to be a crap-storm of revelations from it, like exactly where all the “fines” money went.
“Folks who are going through the medical procedures for altering their gender assignment can’t be deployed to combat, and probably couldn’t fill slots overseas because of a lack of medical facilities that they would need – this affects the readiness of units to perform in a complex world.”
The next step is to scream they are being unfairly treated when it comes to advancement because they weren’t in an operational or overseas billet. See how this works?
She does not have the legal authority to do so. And a federal district judge has no authority outside of the district they preside in, so a nationwide ruling is not within their purview. Further, the liberal bitch has no ability to enforce it, so Trump should pull an Obama and tell her to fuck off.
Right on. I thought the Republicans were starting to learn the rules the Dems have been playing by for years when they exercised the “nuclear” option in the senate earlier this year.
The left plays dirty games, so it’s time to get equally dirty.
Did I miss something in my government classes when we studied the Constitution? Which amendment covers the right to serve in the military? Oh, that’s right, it’s not a right. When are these judges going to get it that there are standards and part of serving is a requirement that you be deployable. Careers end when guys get too broken to be deployed, why the hell would you allow someone to enlist that you know is going to be non-deployable. Spend the money where it should be, on the troops and equipment – not on social engineering.
There are two aspects to this- legal and medical/psychological.
Medically, the DSM-5 changed the classification from gender identity disorder to gender dysphasia. This seems like a minor thing, but the change basically says that the problem isn’t that you identify as the opposite sex, it’s that you are having issues dealing with your identity. This is treatable in many different ways depending on the person- some medical/surgical, some with a change in pronouns and underwear. Therefore some people with gender dysphoria will bee legible to serve and some won’t. I’ve talked to the Office of the Surgeon General docs that have dealt with each and every case in the Army, and most people do the ‘top’ surgery, take a few pills, and get a new wardrobe.
Legally, you generally can’t discriminate against an entire class or group of group, you have to look at individual qualifications to serve. This is why DoD opened all MOSs to women- they were going to lose a similar lawsuit.
Instead of a blanket ban, DoD needs to emplace a detailed policy on specific medications, procedures, and other issues that preclude service or are grounds for separation. There are lots of precedents- kids need a waiver to enlist if they have ADHD and took medication for it within the last year as an example. Simply list the meds that might not be available in an austere environment and the transgender troop themselves will likely take themselves out of the running.
DoD does it every day, and has been doing so for decades. Ever hear of eyesight standards for pilot training or height/weight tables for enlistment/commissioning.
The military can – and does – have the authority to set what can seem to be rather arbitrary standards, and to reject those who don’t qualify according to those standards. Why? Because serving in the military is not a civil right. Never has been, and never will be.
It also identifies it as a MENTAL DISORDER. That means that people who have it are low grade crazy. That alone disqualifies them from service, and always has.
So how long until they tell the military that they can’t “discriminate” against fat old farts? …asking for a friend…
If they are fat old farts with the appropriate skin-tone or with the appropriate gender-outlook…
Some of us will never be allowed to qualify on the basis of something other than being in the appropriate physical condition and of the appropriate age-range.
Yeah, I suppose “my friend” would probably just be drummed out for wrongthink before any form of adventuring could be had.
Sadly.
I hate the fact fact that I was born with four (4) limbs. In fact, I hate it so much, that I FEEL like I should have been born with only 1 arm and two legs.
1) My FEELINGS should override common sense
2) I would be a great ASSet to the military, because I bring 3 limbed diversity to the table
3) Telling me that because I want to remove a part of my (currently horrid) body is crazy is bigoted and makes me FEEL useless.
That’s actually a thing:
https://www.ncbi.nlm.nih.gov/pubmed/19132621
http://www.nytimes.com/2005/03/22/health/psychology/at-war-with-their-bodies-they-seek-to-sever-limbs.html
DoD simply has to show that you need both arms and both legs (fully functioning) to serve. Of course, we would have trouble reconciling that policy with this:
https://www.army.mil/article/182626/im_not_disabled_prosthetics_keep_amputee_soldiers_on_active_duty
I’m too lazy to read the links, for now.
True story, some chick had someone pour bleach or lye in her eyes because she felt she should have been born blind.
I wish I was kidding.
I read some of that BIID until I could not stomach any more of it. Those people are nuts.
It isn’t something new. “If thine eye offend thee, pluck it out.”
They are truly nuts. I don’t care what they think of my opinion.
These guys never seem to lose any elections.
When they win, they move forward with what they want to do through the legislative process by either overwhelming congressional partisan numbers, or executive orders.
If they “lose” the election, they just circle back to the Courts to move forward with their agenda anyways.
^^TRUTH^^
Let her enforce it!
Seriously fuck these judges.
She can block whatever she wants but we all know it won’t mean or stop shit. The military can easily just claim slots are filled and put recruits on delayed enlistment while the case gets upgrade to the friendly SCOTUS which will overturn her. They waste time is all. Another Clinton apointee.
If these idiots continue in this form, then we’ll see a mechanism put in place to remove justices who have an agenda, which mechanism will then be weaponized by both sides of the aisle.
I wondered about the case of the Hawaii Federal Judge Obama appointed that blocked implementation of the ban on travel from the 6 countries tied to terrorism. What if Trump allowed them to enter the country only through Hawaii and then put them on the no-fly list when they got there. Think Hawaii would be upset with the Judge?
This is a very good idea. Fight fire with fire.
Ships still can move people. “No travel” would likely be shot down by SCOTUS rather quickly.
But the sheer “smack!” of your suggestion has appeal…
Probably not. Hawaii is the perfect storm of socialist democrat stupidity. They aren’t even rational over there.
while I certainly appreciate checks and balances, it is starting to look like any minor member of the judiciary has at least veto authority over the President. If they can also say “the policy shall be such and so” then that would seem to absolutely void the constitutional provisions of both the executive and legislative branches.
If you review the Declaration, this sort of dictatorship by minor functionary was one of the major complaints.
Too far. Too much. And the precedent of obeying it is not a slippery slope. It is a running broad jump into the abyss. Bad enough the current mess. Having -any- (or multiple) minor federal judge in effective ultimate command of the -military- is a recipie for dictatorship indeed. And an inherently unpredictable and schizoid-insane one at that.
-no-
In other words, she would not like the world she is advocating.
Ask Robespierre.
He probably has an idea or two in his head about the issue.
Not if Trump tells them to fuck off and does it anyway. They can rule as they please, but they have no ability to enforce the rulings. And a Federal circuit judge has absolutely no authority outside their circuit.
Ok, I was told to go and quietly retire at 20 because I had been diagnosed as “pre-diabetic” and was placed on meds as a “precaution” and thus would be “non deployable” due to the pills I have to take.
Now you tell me that someone who has to take several hormone pills throughout the day IS deployable? I wear glasses, but even with an electron microscope I just don’t see it! How are they deployable and I am not? I can control my condition thru diet and exercise, I don’t believe they can. As my neighbor says, “can I get a witness”?
Add to that the fact that the gender benders have to have regular shrink sessions, because they are nuts, which should preclude service in the first place, and they are totally useless except as gate guards. But I ain’t giving a weapon to someone who is categorically nuts.
I wondered with Hawaii Obama Judge blocking travel from the 6 countries tied to terrorists if the solution would be to only allow those from those 6 countries to go directly to Hawaii and then put them on the no-fly list.
It’s remarkable that the Newsweek writer is chalking up Donald Trump’s position on transgenders as driven by an appeal to a political base of white Christians.
My own view is that if you’re in the military, and caught up in a stressful situation in one of the more wretched places in the world, the kind of person you want standing next to you needs to have a certain level of emotional stability. Which goes out the window if that same person can’t decide whether to be a boy or girl. Such an issue has almost nothing to do with religion.
If Trump is a good Commander in Chief, which he has so far shown himself to mostly be, he will act in the best interest of his troops, and give them what they want when possible. Something Barack Obama demonstrably thought did not matter.
Still another factor is that of unintended consequences. Somewhere in a Pentagon file drawer is likely a contingency plan for what happens if there’s a national emergency, and the draft needs to be re-implemented. In the past, being female or among the LGBTQ crowd was considered a valid cause for exemption. In the event of a future major conflict, are The Village People really going to like being forced to serve in an infantry platoon?
The military is not a jobs program. It’s part of a warrior ethos that goes back thousands of years. Those who can’t understand the distinction shouldn’t be making decisions about it.
You think they’d take me back at this point?
It’s really not about serving in the military. It’s about having the RIGHT to serve in the military (as per court enforced injunction).
That way they can become a protected class and claim “Well if we’re qualified to serve in the military, why can’t we do X?”
If it really was about serving in the military, recruiters would’ve been swamped by all of the patriotic gays after DADT was repealed
We’re on the same page, and I’d agree there may be an intent to create a protected class. What’s unclear, at least to me, is what sort of specific benefits such protected status would generate, except in the Orwellian sense of some animals being more equal than others.
My point about unintended consequences was also about the fact that winning the right to do something often carries with it certain obligations. Such as a potential Selective Service requirement. Personally, I’m not sure those pushing the transgender agenda for the military are actually thinking that far ahead.
Or they are, and are assuming, falsely, the protected class aspect would allow them to choose that which is most individually convenient instead of what’s best for the country. Sort of like having the right to march in the parade, but also the right to be excused when the shooting starts.
SO what’s next, is this black-robed SJW snowflake going to issue an order stating that ALL Executive decisions affecting the Military must be routed through her for approval? It sounds like she’s one really soulless piece of work with an agenda!
If some transgender Service Member or cuck ally comes here to shit on us, before I tell you to fuck off, I’ve got a message for you.
Before my deployment to Iraq I decided that I should get a circumcision being that I didn’t know what the conditions where going to be in country… We Infantry don’t always get supplied good.
As a, um, benefactor of ‘free surgery’ I can tell you, you get *exactly* what you pay for.
I used to call it “Frankencock” until year(s) later until it finally looked better (friction does wonders for scarring, winkyface).
Now, fruitcakes, you can fuck off if you think trannies in uniform is anywhere on the spectrum of ok.
Penalty Flag
Intentional sharing! 15 yards! Loss of down! 😀
No one forced you to read information on the internets.
Safe spaces are located in your mom’s basement.
Remember that dipstick USMA cadet with the sign in his hat “Communism will win”? I’m beginning to think he may be right….
Only after us Texans run out of ammo.
U.S. District Court Judge Colleen Kollar-Kotelly is a flexible polyvinyl container filled with a vinegar solution.
This just in! Federal Judge blocks Trump’s ability to eat KFC Chicken with a Fork.
Why? Because they want to block anything he does that they don’t like.
[…] Rey! The Political Hat: The Transgendering Of Leviathan’s Children This Ain’t Hell: U.S. District Court Judge Forces DoD To Accept Transgender Troops, also, Homeless Vet Johnny Bobbitt Left Marines After Abbreviated Tour Weasel Zippers: Navajo Code […]
Maybe some of her grandkids will enlist to fill the slots when these folks go for surgery or other medical procedures.
Was hoping it never got to this but it’s time to start impeaching Judges!
Speaking of looks, but imagine that Judge sans hair, I think she’d look like Jabba the Hut with Downs Syndrome!
I dunno, she kinda looks like former CMC Gen. James Amos with a wig.
“Thanks to Dave for the tip.”
Snicker giggle.
well, when so generously endowed, there’s spare to give away…
I can solve this entire problem right now.
A – All US HUMANS citizens must register with Selective Service, period.
B – Reinstate a version of the draft by a requirement of a minimum of two years of AD service, period. No deferments, either.
C – Even if they are some of the idjits we see here who flopped and dropped, they can sweep the floors, mop the decks, and run the floor buffers and perform janitorial services that the rest of us don’t have time to pursue.
If the dysphoric souls really want to serve, they’ll line up like sharks at the entry to a swimming pool, won’t they?
Somebody has to burn the Shiite in the mornings.
Can President Trump, as the Commander In Chief, issue some type of order on behalf of the military to say F/O and pound sand? This judge is not a member of the military.
How about Gen. Mattis use his knife hand and offer instant “gender re-assignments” to anyone who wants one?
Not sure how they can accomodate addadicktomees. Maybe cut off their choice of arm and cram it up their nether regions.