Posted on 06/16/2018 6:32:39 PM PDT by Revel
A federal court on Friday again said the Trump administration cannot implement its ban on most transgender military service while a lawsuit against it proceeds.
“The status quo shall remain ‘steady as she goes,’ and the preliminary injunction shall remain in full force and effect nationwide,” Judge Marsha Pechman of the U.S. District Court for the Western District of Washington wrote Friday.
In doing so, Pechman quoted the top Navy admiral, who told a Senate panel in April that it’s been “steady as she goes” since transgender people have been allowed to serve openly.
Pechman is one of four federal judges to have issued a preliminary injunction preventing President Trump from banning transgender military service while lawsuits against the ban work their way through court.
In April, Pechman ruled the lawsuit would go to trial and the injunction would stay in place after the Pentagon issued a memo outlining a policy that would ban most transgender people from serving. In that ruling, Pechman said the memo did not represent a new policy, but rather an implementation of the ban Trump announced on Twitter in July 2017.
The Trump administration appealed Pechman’s April ruling and then asked her for a stay on her injunction pending the appeal. The administration argued a stay was necessary to “prevent irreparable harm to military interests.”
Pechman’s ruling on Friday goes against the administration's request for a stay.
(Excerpt) Read more at thehill.com ...
[[but since when have civilian judges had this much authority to meddle in military matters?]]
Whenever the president is republican- apparently
Since when does a _judge_ decide what USA military rules are? USA military is under the executive branch of our Constitution.
“At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life if secured against all liability to account.”
—Thomas Jefferson (Letter to A. Coray, October 31, 1823):
“To consider the judges as the ultimate arbiters of all constitutional questions a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.”
— Thomas Jefferson
Sorry...but so many people believe that there is really no reality outside of their own knowledge (solipsism)-—(hippies and mind altering drugs helped fuel this concept in my time)..so they can think they are one particular thing when we perceive they are not. Now our laws protect people who believe that they themselves can decide what is right/wrong/real...and we are watching societal anarchy develop under the guise of the protection of individual freedoms...there is a biblical description of this when “every man did what was right in his own eyes”...soon terminal chaos, and then for survivors to continue to exist, extreme discipline and lockstep order.
Great quotes. I confess that I never read or even heard of them. Thanks.
These judges are the termites in the timbers of the structure of our fortress. The rust that never sleeps in the barrel of our firearms for national and personal defense.
Amen. I am not so sure that at times i dont delude myself but thank God He pulls me back into line. These lost souls are blown around by the winds of the times!
Yes, the Scripture has been pretty much thrown out.
I presented at least 5 passages to liberals today. All were immediately rejected.
So is Trump going to let a low level judge block his next bombing run in Syria too? WTF?
I agree. It would seem this is more of a suggestion not a ruling.
You make a good point. The Uniform Code of Military Justice covers the military not civilian law. This judge needs to push off.
Constitution of the United States, Article 2, Section 2:
“The President shall be Commander in Chief of the Army and Navy of the United States, subject to the approval of each executive decision by every U.S. District Court judge currently serving.”
Time for them to be impeached by Congress for exceeding their authority and removed from the bench.
“To consider the judges as the ultimate arbiters of all constitutional questions a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.” — Thomas Jefferson
I was taken to task by so called Constitutionalists for suggesting that President Tump should tell these judges he would not yield his authority and tell them to take case to the Supremes.
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