On Wednesday, the 9th U.S. Circuit Court of Appeals denied the Trump administration’s appeal of an injunction blocking it from moving forward with its attempts to ban transgender people from serving in the U.S. military.
The original injunction was issued in December 2017 by U.S. District Judge Marsha Pechman, of the Western District of Washington, and blocked the Pentagon and the Trump administration from moving to implement a broad, categorical ban prohibiting transgender people from serving “in any capacity.”
The Trump administration subsequently issued “new” guidance — nicknamed “Deploy or Get Out” — that would allow some transgender people to serve, provided they had not been diagnosed with gender dysphoria, had not attempted to transition (either with hormones or gender confirmation surgery), and were still living and presenting in a manner that matches their assigned sex at birth. It then asked Pechman to stay her preliminary injunction while the administration and LGBTQ advocates battle over the merits of the policy.
But Pechman refused to stay her injunction, finding that the revised ban was not substantially different than the original categorical ban. In her opinion, Pechman found that the Trump administration had “done nothing to remedy the constitutional violations that supported entry of a preliminary injunction in the first instance.”
Trump then appealed to 9th Circuit! Silly Him! AND BAN Kavanaugh from serving in SCOTUS! Well so to speak….