One of the major promises of the Trump administration has been to fill judicial openings with constitutional conservatives who adhere to the actual law rather than activist judges who want to remake the law in their own liberal image. He is replacing and getting judges approved at a record rate.
That said Trump still has had to deal with the fallout from eight years of former President Barack Obama in cases before the federal courts.
The D.C. Circuit court just told Trump, the Commander-in-Chief, that he doesn’t have the right to determine who serves in the military.
From Biz Pac Review:
The D.C.-based appeals court dealt President Donald Trump a set back in trying to put an end to allowing transgender people — who suffer from proportionately higher rates of mental health issues — to enlist in the military, CBS News reported.
The decision by the three-judge panel means the issue may likely end up before the Supreme Court.
Trump announced on Twitter in July that transgender people will not be allowed “to serve in any capacity” in the US military.”
Trump later amended that to banning new recruits from joining and he gave Defense Secretary James Mattis a directive to determine how to address those already serving.
But now the court has directed that transgender recruits must be accepted starting Jan. 1. The Pentagon has said they will comply and that current troops will be allowed to continue to serve.
One of the concerns of transgender individuals serving is the greater medical issues especially if they are in the process of transitioning.
Another is the higher degree of mental health questions and depression.
Psychology Today reported last year that nearly half of all individuals who identify as transgender experience depression and some version of an anxiety disorder, which is considerably higher than the general population.
Even more alarming, the magazine said “over 41 percent of trans men and women are estimated to have attempted suicide — a rate that’s nearly nine times as high as the rate of cisgender Americans.”
As it is, the suicide rate among veterans is more than double the general population.
Whether you approve of a policy that includes transgender individuals or not, it is troubling for the courts to believe that they can dictate policy to the President. It is one branch of the government hijacking the legitimate constitutional power of another.
It is likely this will end up in the United States Supreme Court ultimately where Trump has had much greater success because they’re more in accord with the Constitution.
[Note: This post was written by Nick Arama]