Federal court rejects government’s push to prevent transgender military recruits News
Federal court rejects government’s push to prevent transgender military recruits

US Court of Appeals for the Fourth Circuit on Thursday denied [order, PDF] the Trump Administration’s bid to forestall transgender recruits from military service.

Thursday’s order merely denied the administration’s plea to suspend an order by a federal judge in Baltimore requiring the Administration to allow transgender recruits on January 1. The government argued that it needed more time to implement this policy. The three-judge panel denied this request, stating in the brief order:

Upon consideration of appellants’ emergency motion for administrative stay and partial stay pending appeal, appellees’ response to the motion, appellants’ reply, the parties’ supplemental authorities, and the amicus brief in support of appellees, the court denies the motion for administrative stay and partial stay pending appeal.

The order follows the district court’s November 1st order [JURIST report] that granted a preliminary injunction against transgender military ban because it likely violated Fifth Amendment [text, PDF] equal protection and due process.

The ACLU [advocacy website], which represents six service members in this case, celebrated the court’s order, stating, “[w]e are happy that the court saw through the government’s smokescreen and rejected its request to further delay.” US Justice Department (DOJ), however, was not satisfied [Reuters report] with the ruling. DOJ spokeswoman Lauren Ehrsam responded to the ruling, stating, “[w]e disagree with the court’s ruling and are currently evaluating the next steps.”