A three-judge panel of the San Francisco-based U.S. Court of Appeals for the 9th Circuit issued a ruling on June 14 on several appeals filed by the Justice Department in Karnoski v. Trump, one of the lawsuits challenging President Trump’s transgender military policy. The result was not a complete win for the government or the plaintiffs, but the case will go forward before U.S. District Judge Marsha J. Pechman in Seattle using different legal tests … <Read More>
suspect classification
Trump Administration Suffers More Setbacks in Defending Transgender Military Ban
Two federal district judges have issued new rulings in lawsuits challenging the Trump Administration’s ban on military service by transgender individuals, mainly adverse to the government. [Addendum: After this was drafted, we received a decision from a federal magistrate judge in Baltimore on discovery issues in one of the other challenged to the transgender ban. Our summary appears at the end of this posting.]
After the San Francisco-based U.S. Court of Appeals for the 9… <Read More>
Federal Court Rejects Trump Administration Ploy and Orders Trial on Trans Military Ban
U.S. District Judge Marsha J. Pechman issued an Order on April 13 in Karnoski v. Trump, one of four pending legal challenges to the Trump Administration’s announced ban on military service by transgender people. Judge Pechman, who sits in the Western District of Washington (Seattle), rejected the Administration’s argument that existing preliminary injunctions issued by her and three other federal district judges last year against the transgender ban are moot because of President Donald J. … <Read More>
Federal District Judge Exhibits Ignorance in Evaluating Sexual Orientation Discrimination Claim
I glance at many court opinions almost every day in my ongoing quest of materials for my newsletter, Lesbian/Gay Law Notes, so I have a fairly good idea of what passes for constitutional analysis in federal district court opinions, but every now and then something just jumps out at me as reflecting sheer ignorance. One example of this is Fletcher v. Little, a November 20 decision by U.S. District Judge Sue L. Robinson (D. Delaware), … <Read More>