TRANS BAN DOOMED TO DIE IN COURTS | The Tweet That Launched A Thousand Ships | Chief Justice In New Zealand
July 27, 2017
TOP-ED
|Following yesterday’s breaking news via the president’s Twitter account, Noah Feldman for Bloomberg says a ban on transgender troops is doomed in the courts, noting that kind of ban “would probably be unconstitutional under any circumstances.” It’s still unclear when and how DONALD TRUMP will follow up to his statement on Twitter promising to impose a ban, but Feldman says, “If he does, courts may use the initial tweet as an indicator that the decision was motivated by anti-transgender sentiment, not reason. That alone would be enough to sink the order, despite the high degree of deference that is usually accorded to the military for national security decisions.”
THE TWEET THAT LAUNCHED A THOUSAND SHIPS
|“Across the country, attorneys and advocacy groups like Lambda are gearing up to challenge Trump’s decision in court, saying potential plaintiffs are already lining up to file suit. They argue it runs afoul of the Constitution’s Equal Protection and Due Process clauses, discriminates against a vulnerable group and lacks the “rational basis” necessary to be upheld by federal judges.” That’s Derek Hawkins with The Washington Post reporting on the advocacy groups who are quickly falling in line against DONALD TRUMP’S suggestion of banning transgender people from serving in the military.
THEY'RE ON A ROLL
|More warm and fuzzies coming from the Trump administration this week… The Justice Department filed court papers arguing that a major federal civil rights law does not protect employees from discrimination based on sexual orientation in a case now being considered by a New York appeals court. This was a rare example of top Washington officials weighing in on gay rights in a private dispute, and it’s been getting a lot of criticism from civil rights advocates and LGBTQ advocates alike. And it definitely didn’t help that the papers were filed on the same day as Trump’s tweetstorm about trans people in the military.
TECH, POLITICS, SCOTUS, OH MY!
|The staff over at Constitution Daily covered remarks CHIEF JUSTICE JOHN ROBERTS made in New Zealand yesterday in which he discussed technology’s impact on potential new cases heading to the Supreme Court, as well as the growing imposition of politics on Supreme Court confirmation hearings.