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Court Ruling on Transgender Military Recruits Presents Constitutional Crisis
Breitbart ^ | 30 Dec 2017 | DAN RIEHL

Posted on 12/30/2017 6:30:53 PM PST by Mr. Mojo

Center for Security Policy President Frank Gaffney joined SiriusXM host Rebecca Mansour on a special Friday night edition of Breitbart News Tonight to discuss a recent court ruling that the military must accept transgender recruits and what President Trump’s administration should do about it.

“The issue that really is at the heart of this matter as far as I’m concerned is, does the president have the unquestioned authority under the Constitution of the United States Article II, which vests exclusively in him, the role of Commander-in-Chief of the United States’ armed forces, or does that authority now get subjected to the whim of any federal judge in the United States judiciary?”

Gaffney said the issue is of immediate significance for the administration as it does not appear that the Department of Justice is going to ask the Supreme Court to stay the judge’s order to compel the Department of Defense to begin enlisting more transgender individuals at the beginning of the new year.

Gaffney said he believes that makes this “nothing short of a constitutional crisis” and opens the door for a federal judge to intercede in military decisions going forward, perhaps even to the extent of countermanding a presidential order to go to war.

“That could be fatal to our republic,” said Gaffney, adding, “I think the predicate, the precedent for it is being set as we speak.”

(Excerpt) Read more at breitbart.com ...


TOPICS: Culture/Society; Government; News/Current Events
KEYWORDS: homosexualagenda
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Full title:

Gaffney: Court Ruling on Transgender Military Recruits Presents Constitutional Crisis; Trump Must Act Now

1 posted on 12/30/2017 6:30:53 PM PST by Mr. Mojo
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To: Mr. Mojo

Funny, when Obama was CINC he had unquestioned authority to dictate open bathrooms, gays, transgendered and those who refuse to identify as male or female.

Pres Trump makes a statement as CINC and it’s suddenly challenged.


2 posted on 12/30/2017 6:45:15 PM PST by Hodar (A man can fail many times, but he isn't a failure until he begins to blame somebody else.- Burroughs)
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To: Mr. Mojo

The President is the Commander in Chief. No Crisis.


3 posted on 12/30/2017 6:45:26 PM PST by eyedigress ((Old storm chaser from the west))
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To: Mr. Mojo

The issue here is obvious since the article states the DOJ has made no move to appeal this ruling. Trump needs to replace the creampuff he’s got sitting in the AG’s office and it needed to happen the day Sessions recused himself.


4 posted on 12/30/2017 6:46:02 PM PST by T-Bird45 (It feels like the seventies, and it shouldn't.)
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To: T-Bird45

and no, this doesn’t have a damn thing to do with Sessions.


5 posted on 12/30/2017 6:48:43 PM PST by eyedigress ((Old storm chaser from the west))
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To: Mr. Mojo

This Federal judge is clearly the South end of a North bound Horse. Ignore his “order” Mr. President.


6 posted on 12/30/2017 6:48:55 PM PST by teletech
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To: eyedigress

Why not? Does he not run the DOJ as the AG and they have not appealed the ruling so shouldn’t he be part of forcing the issue?


7 posted on 12/30/2017 6:57:46 PM PST by T-Bird45 (It feels like the seventies, and it shouldn't.)
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To: Mr. Mojo

Where do I start.....

I’m absolutely sure my input has no bearing whatsoever, since I’m only a recently retired Infantry Command Sergeant Major, but...
Are we not particularly concerned about the high leve; og suicides among veterans?

Does not the transgender community attempt suicide at a rate approximately 40 times higher than the general population?

Why do we want to place that population in close contact with weapons and training.......


8 posted on 12/30/2017 7:03:32 PM PST by AbnSarge
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To: T-Bird45

The DOJ does not over-rule the CIC.


9 posted on 12/30/2017 7:13:30 PM PST by eyedigress ((Old storm chaser from the west))
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To: AbnSarge

We don’t Sergeant Major and neither does your Commander in Chief.

Happy New Year.....


10 posted on 12/30/2017 7:15:55 PM PST by eyedigress ((Old storm chaser from the west))
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To: Hodar

Gays in the military was not an Obama EO, it was a vote of Congress.


11 posted on 12/30/2017 7:26:11 PM PST by Joe Dallas
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To: Mr. Mojo
Trump MUST ignore this court's ruling. They have absolutely no jurisdiction over what is clearly the CIC's sole authority.

Trump is already in for a bumpy remainder of his term LET ALONE abiding by UNENFORCEABLE COURT RULINGS.

12 posted on 12/30/2017 7:32:27 PM PST by CivilWarBrewing (Get off my back for my usage of CAPS, especially you snowflake males! MAN UP!)
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To: Mr. Mojo

Federal “judges” are more powerful than the POTUS.

Until they are not.

If Trump accomplishes nothing else, DECIMATING the Federal Judiciary should be job one.


13 posted on 12/30/2017 7:39:57 PM PST by Rome2000 (SMASH THE CPUSA-SIC SEMPER TYRANNIS-CLOSE ALL MOSQUES)
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To: Hodar

It is not the President but Congress which makes rules for the government and regulation of the land and naval forces.


14 posted on 12/30/2017 7:46:54 PM PST by Jim Noble (Single payer is coming. Which kind do you like?)
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To: CivilWarBrewing
They have absolutely no jurisdiction over what is clearly the CIC's sole authority.

It is Congress's authority to make rules for the government and regulation of the land and naval forces, not the President.

The President commands the forces Congress provides, and under the rules set by Congress.

If Congress dictated that all soldiers would were purple underwear and speak Norwegian, then the President would command an army of purple-underwear wearing Norwegian speakers.

15 posted on 12/30/2017 7:52:00 PM PST by Jim Noble (Single payer is coming. Which kind do you like?)
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To: Mr. Mojo

Short answer. No. Courts don’t run the military.


16 posted on 12/30/2017 8:42:05 PM PST by smokingfrog ( sleep with one eye open (<o> ---)
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To: AbnSarge

Thank you for your service, Top.


17 posted on 12/30/2017 9:30:54 PM PST by onedoug
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To: Hodar

Questioned and countermanded by his own Secretary of Defense. And Trump remains dead silent while Mattis goes along his merry way with cross dressers, women in combat, and every other left wing social experiment for the military still firmly in place.


18 posted on 12/30/2017 9:56:02 PM PST by Uncle Sam 911
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To: Mr. Mojo

Just tell the judge to go phuk a transgender, or any other homo or lesbo of his or her choice.

The most important question here is;
“HOW MANY DIVISIONS DOES THIS JUDGE HAVE?”.


19 posted on 12/30/2017 10:59:47 PM PST by 5th MEB (Progressives in the open; --- FIRE FOR EFFECT!!)
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To: eyedigress

Then why doesnt the commander in chief do something about the court ruling and/or his Sec Def countermanding his order?


20 posted on 12/30/2017 11:20:04 PM PST by Uncle Sam 911
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