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Monday, October 30, 2017

Enjoining A Tweet

What's wrong with the federal judiciary?  Have things become so politicized that judges are just going bonkers for political reasons?  It sure seems so.

Today, a federal district court judge issued an injunction to enjoin any move towards changing the military policy with regard to allowing transgender individuals to serve.  The current policy which now allows transgender service was put in place by president Obama in 2016, and it is not yet even fully in effect.  Prior to that time, the military did not accept transgender people although there were surely some who kept their feelings hidden.  A few months ago, President Trump tweeted that he would change the policy back to the original one.  The tweet did not have the force of law, but President Trump did direct the Pentagon to start a review towards determining if and how to implement a return to the original policy.  That's where things now stand.  There is no new policy.  The current policy is not yet fully in place.  The military is studying things to determine what would work best on this issue.  So a federal judge now issues an injunction determining military policy?  That's insane.

In the court proceedings, the administration argued that it was premature for the court to act since there was no new policy or change in policy and it is unclear how this will all end up.  The judge rejected that because the president had tweeted his intentions.  That's just wrong legally, and any careful lawyer would say the same thing.

It seems that the judge is just so hell bent to do something to take a slap at the President that she issued a bogus injunction.  Most likely there will be an appeal and the case will be reversed.  Still, it should never have gotten to this point.  The judge is doing a true disservice to the country by taking political rather than legal action.

2 comments:

Norman Ivins said...

Jeff, please do not use the term Gung Ho to describe a Judges immoral stand on Trans-genders in the military. The term refers to United States Marines fighting together to serve our County.

gung ho

Jeff said...

To Norman Ivins: I agree and changed the post. I would never knowingly say something to disrespect United States Marines. Thanks for the comment.