Friday, September 08, 2017

Important Battles Are Going To Be Fought (Part 1)

When President Obama issued the order for us to be including in healthcare, employment, education, and the military he didn’t just pull his orders out of a hat, but instead he took his time and had numerous studies done including court cases that were reviewed. When Trump administration rescinded those orders did so out of bias with nothing to back up their orders.
Fight over transgender ban pits extensive research against Trump’s ‘judgment call’
The News Tribune
By Tom Philpott
September 07, 2017

Both opponents and supporters of President Donald Trump’s ban on transgender personnel in the military might agree that his abrupt policy shift was handled clumsily, even cruelly, considering that it targets people serving the nation honorably and with a special kind of courage that minority status often demands.

But transgender personnel can expect a “fistfight” in federal court as they seek to reverse the ban, arguing it violates their constitutional rights to due process and equal justice, said attorney Eugene R. Fidell, who has decades of experience with military personnel legal issues and teaches military law at Yale Law School.

The Barack Obama administration lifted the ban on transgender members serving openly in June 2016 after months of study by a work group of military leaders, interviews with transgender personnel, and findings from think tank RAND that their serving openly would not significantly impact force readiness, unit morale or military costs.
It is that research that is going to make it hard to legally overturn trans military policies.
That only ensures there’s a “horse race” ahead in trying to convince courts that transgender personnel pose a risk to readiness. Federal judges, after all, “tend to be deferential” toward the commander in chief and military leaders on what authorities they say they need to recruit, train and sustain effective fighting forces.
[…]
In this case, Fidell predicted, “the government will argue there’s a judgment call involved, and a new administration is entitled to make a new judgment.”

“If that’s the argument,” he added, “the judge should insist on a cogent explanation, supported by probative evidence, that justifies the change. No one should expect federal judges to roll over on a case like this.”
And the Trump administration is going to have to…
Trump ignored the Defense Department’s own “very rigorous, systematic review of evidence” that transgender personnel can serve openly without negatively affecting readiness, unit cohesion or military costs, he said. Without any evidence, Trump claimed a poor effect on all those areas justifies reinstating the ban.
This could begin the opening salvo it court cases that removed or are going to protection and coverage for us. It could have big implications for us with Medicare, the ACA (Obamacare) section 1557, Title VII, and Title IX because the current administration is trying to write us out of them.

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