Update on Military Transgender Ban

By Hubert Plummer posted 02-02-2019 04:27 PM

  

Update to my blog on April 16, 2018[i]

Three cases challenge President Trump’s ban on transgender people serving in the military.[ii] Up to this point lower courts had blocked the implementation of the ban.

The administration has sought certiorari before judgment, which is asking the Supreme Court to review lower court decisions before an appeals court has had a chance to review the decision.

In an unwritten 5-4 decision, the court denied the petition for certiorari and lifted the injunction on implementing the ban.

So, the end result is that the administration can implement the ban while the case makes its way through the lower courts.

This is not a final decision on the ban itself.  The three cases are still to be decided and no doubt there will then be appeals.

[i] http://communities.nysba.org/blogs/hubert-g-plummer-esq/2018/04/16/transgender-military-ban-court-holds-transgender-a

[ii] https://www.supremecourt.gov/docket/docketfiles/html/public/18-678.html, https://www.supremecourt.gov/docket/docketfiles/html/public/18-676.html, https://www.supremecourt.gov/docket/docketfiles/html/public/18-677.html

 

 

The author[s] is solely responsible for this blog submission.  It does not represent the position of the New York State Bar Association or its Committee.

 

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