Amid all the other hullabaloo today, the Supreme Court ruled 5-4 to lift the nationwide injunctions that were preventing the President’s ban on transgender people serving in the US military.
From The Associated Press:
The Trump administration can go ahead with its plan to restrict military service by transgender men and women while court challenges continue, the Supreme Court said Tuesday.
The high court split 5-4 in allowing the plan to take effect, with the court’s five conservatives greenlighting it and its four liberal members saying they would not have. The order from the court was brief and procedural, with no elaboration from the justices.
The court’s decision clears the way for the Pentagon to bar enlistment by people who have undergone a gender transition. It will also allow the administration to require that military personnel serve as members of their biological gender unless they began a gender transition under less restrictive Obama administration rules.
The Trump administration has sought for more than a year to change the Obama-era rules and had urged the justices to take up cases about its transgender troop policy immediately, but the court declined for now.
Those cases will continue to move through lower courts and could eventually reach the Supreme Court again. The fact that five justices were willing to allow the policy to take effect for now, however, makes it more likely the Trump administration’s policy will ultimately be upheld.
Both the Justice and Defense departments released statements saying they were pleased by the Supreme Court’s action. The Pentagon said its policy on transgender troops is based on professional military judgment and necessary to “ensure the most lethal and combat effective fighting force.” Justice Department spokeswoman Kerri Kupec said lower court rulings had forced the military to “maintain a prior policy that poses a risk to military effectiveness and lethality.”
Before beginning to implement its policy the administration is expected to need to make a procedural filing in one case in Maryland challenging the plan. That request could be made this week.
Groups that sued over the Trump administration’s policy said they ultimately hoped to win their lawsuits over the policy. Jennifer Levi, an attorney for GLBTQ Legal Advocates & Defenders, said in a statement that the “Trump administration’s cruel obsession with ridding our military of dedicated and capable service members because they happen to be transgender defies reason and cannot survive legal review.”
More at the link.
Today’s lifting of the nationwide stay on the President’s policy is frustrating, but it is not the end of the case. The Supreme Court majority – its five conservative/GOP appointed justices – were willing to lift the nation wide stay, but not consolidate and fast track the separate cases wending through the Federal court system. This means that these separate suits to overturn the policy will continue through the courts and it is possible that as they proceed through the appellate phase that new injunctions will be implemented. As disturbing and discouraging as today’s ruling is, it is not the last word on this issue. It is entirely possible that the various suits take so long to get through the Federal courts, which will largely close on Monday because of the partial government shutdown, that a Democratic administration will come into office and reverse the ruling. That is small comfort, but the fight isn’t over.
And it is very important to continue this fight. Especially because the President’s decision to do this was not driving by a request from then Secretary of Defense Mattis. This was a completely unnecessary policy change. It will actually have real negative effects on readiness by making it harder to make recruiting quotas and by driving Americans who feel called, for whatever reason, to serve in the military away from that service. There’s no way to know for sure, but the President’s decision to change this policy on the fly was likely driven by the Vice President and his senior policy advisor Stephen Miller. This type of pointlessly cruel policy is just their speed.
It is also important to know that important, high visibility veterans, both cis and transgender, are planning to fight on.
Here’s Senator Duckworth’s response:
DUCKWORTH STATEMENT ON SUPREME COURT ORDER ON MILITARY TRANSGENDER BAN
[WASHINGTON, D.C.] — In response to the Supreme Court’s order this morning allowing Donald Trump’s discriminatory ban on transgender servicemembers to take effect, combat Veteran and U.S. Senator Tammy Duckworth (D-IL) released the following statement:
“When I was bleeding to death in my Black Hawk helicopter on that dusty field in Iraq, I didn’t care if the American troops risking their lives to help save me were gay, straight, transgender, black, white, male or female. All that mattered was they didn’t leave me behind. If you are willing to risk your life for our country and you can do the job, you should be able to serve—no matter your gender identity or sexual orientation.
“Today’s decision is disheartening not only because it will help the Trump Administration discriminate against an ever-shrinking portion of our population who are willing to serve in uniform, but also because it enables the Administration to further disrupt to our military and weaken our national security.
“I hope the Court takes up this case and loudly and clearly tells the Administration that this sort of discrimination has no place in our military, and I hope my colleagues on both sides of the aisle in Congress will send the same message and show our servicemembers that we have their backs.”
And here’s retired Senior Chief Special Warfare Officer and former member of Naval Special Warfare Development Group (DEVGRU) Kristin Beck’s response:
18 other countries ALLOW liberty and freedom…. the “home of the free” is a LIE !!!!https://t.co/akbVaE5MvH
— Kristin Beck (@valor4us) January 22, 2019
Define "LETHALITY" ???
The ONLY @GOP argument on #TransMilitaryBan #LETHALITY defined as "Conan"?
La Destreza?
gender?
color of skin?Alan Turing broke enigma in mid 1940
The entire war VICTORY hinged on one Gay man!Drones & Cyber is future war… stop living in dark ages.
— Kristin Beck (@valor4us) January 22, 2019
#Pentagon #DOD did a study.. https://t.co/wzPFW4d9AD
— Kristin Beck (@valor4us) January 22, 2019
Senator Duckworth and Chief Beck are fighting, in the words of the DEVGRU motto, For Something Greater.
Open thread!
rikyrah
Because, we have so many willing soldiers that we can throw away.
This is all that muthaphucka Pence.??
??? Goku (aka Amerikan Baka) ??
Oh fuck that shit. I couldn’t imagine working as an employee in these departments, forced to implement such stupidity and evil. I literally couldn’t do it.
They also eliminated an army recruitment program that drew about 10,000 new recruits a year from immigrants. This, as they’re currently struggling to have enough manpower for our current engagements.
Raoul
It is all about making other people suffer so Trump can feel momentarily better about himself.
But moments later, his utterly ruinous psyche will start pushing the need to be cruel again. And endless maw of black emptiness, that’s our preznit.
Omnes Omnibus
This is cruelty and pettiness for the sake of cruelty and pettiness.
Adam L Silverman
@Omnes Omnibus: Yep.
japa21
@??? Goku (aka Amerikan Baka) ??:
Going back to Adam’s post of a while ago, this move fits Putin’s desires exactly. Weakens us militarily, morally and in terms of world leadership.
Jay
And another own goal in the continuing US/Russia series.
24:0 for Russia.
Putin’s team scored 12 so far, the MAGA team’s scored 12.
Mike in NC
Yeah, this was a sop to Mike “Potted Plant” Pence. He was once asked about jailing gay people and of course he totally dodged the question. Utter scum.
HinTN
It’s the same damn mindset that resulted in having far too few speakers and readers of Arabic in the armed forces and other agencies when we need them most.
Nose / Face
Foot / Bazooka
trollhattan
@Mike in NC:
Mother can now tell those preschoolers that jeebuz is protecting our men in uniform from men in dresses.
“Tammy who?”
Adam L Silverman
I’m going to put this on the front page, but this is amazing!
??? Goku (aka Amerikan Baka) ??
@japa21:
Exactly. I was thinking that as I was writing my comment, but didn’t say it. And as Adam has said, Trump’s actions as either a pawn/willing asset are indistinguishable. Even the partial-government shutdown can viewed through this lens. Hundreds of thousands of government employees are not being paid and crucial programs like food stamps will run out of money in a few months. The debt ceiling is coming in March. Wouldn’t it benefit Putin if the US defaulted?
Hopefully, McConnell is starting to cave.
MomSense
I’ve been fuming about this all day. The MAGAts love their ignorance and cruelty.
MomSense
@??? Goku (aka Amerikan Baka) ??:
We are in a world of hurt right now. The FBI, Homeland Security, Coast Guard, and other agencies are all at defcon 1 about how dangerous this situation is because of the shutdown.
??? Goku (aka Amerikan Baka) ??
@Adam L Silverman:
Isn’t he the same Barber who’s led the Moral Monday Marches in NC, right?
He even mentioned Teddy Roosevelt and his healthcare proposal!
Joseph A. Miller
This definitely has the stench of Mike “So Deeply Closeted He Can See Narnia” Pence. Pence is a sick, depraved sex pervert, who constantly dwells on the private sexual behavior of consenting adults. Other than Trump and Hannity, he’s the one I most want to see ruined.
??? Goku (aka Amerikan Baka) ??
@MomSense:
I hadn’t even thought of that. Would Trump take the blame if something horrible happened during the shutdown? I hope Dems wouldn’t eat that shit sandwich. Make no mistake, I would be distraught over anybody getting hurt/killed in some attack. It’s not only politics I’m thinking of. But that does matter if we want to defeat Trumpism long-term
zhena gogolia
@rikyrah:
I kind of smell Putin in this too. Weakening our military, along with our government and our alliances.
Adam L Silverman
@??? Goku (aka Amerikan Baka) ??: McConnell is not starting to cave.
Ruckus
I served on a navy ship with gay men almost 50 yrs ago and other than a couple of morons no one gave a shit. Jobs got done, same risks were taken and I’m proud to have served with them. This bullshit is just that, bullshit, and it’s from assholes who didn’t have the balls to serve. And BTW actual balls are not a necessary job requirement for any job in the service. Bet having them can actually create more issues than not.
Adam L Silverman
@??? Goku (aka Amerikan Baka) ??: Yep. And yes he did.
Adam L Silverman
@Joseph A. Miller: Spare Oom!
plato
Obama, Hillary, Biden – they all warned the american democracy, values and supreme court were at stake. Repeatedly. The damages this SC could and would inflict will last generations. Voting/Non-voting matters.
Ohio Mom
Oh dear, I’m having another one of those talk myself from the ledge moments about the US becoming a failed state.
I think I’ll excuse myself, get a snack and get ready for bed. Gotta distract myself.
Night All..
Adam L Silverman
@Ohio Mom: Watch the video of Bishop Barber.
??? Goku (aka Amerikan Baka) ??
@Adam L Silverman:
He at least seems to sense that pressure is starting to build on him to end this, I think. That’s why he’s flailing with this latest “compromise” to shift blame. It won’t work and will likely backfire. McConnell’s omnipotence is a myth. He’s fucked. He should have realized this after 11/8/18.
Oh, you gained a single Senate seat in an election where you had to defend fewer seats than the Dems. What a mandate!
Adam L Silverman
@??? Goku (aka Amerikan Baka) ??: Underestimate McConnell at your own peril.
Sister Golden Bear
Thanks for posting about this, Adam.
It’s especially galling given that 1 in 5 trans people serve/have served in the military — twice the rate of the general population.
It’s also worth noting that trans vets face a far tougher life post-service.
As I’ve said before, this is part of an actual five-point plan by the Talibaptists to eradicate trans people from public life — and I don’t mean figuratively.
As far as Trump, I suspect it’s the “ick” factor — giving up male privilege to live as a women freaks a lot of men with toxic masculinity — with a healthy dose of, as @Omnes Omnibus aptly put it, “cruelty and pettiness for the sake of cruelty and pettiness.”
It is heartening to see the support from allies, including the Democratic National Committee:
I don’t know if any of the other Democratic presidential candidates have also made statements, but Kamala Harris made a forceful one this morning.
MomSense
@Ohio Mom:
There’s a funny and very mean thread on twitter right now wondering what Stephen Miller should have studied in college. Someone said sepukku.
Steeplejack
Yeah, when did lethality become the headline buzzword for our armed forces? I mean, I know we’d like them to be really good at the messy part of the job, but I don’t remember hearing this before, or at least not so loud and proud. Is this some new Trump-era wordsmithing?
Sister Golden Bear
@??? Goku (aka Amerikan Baka) ??: Yes, he’s the same Rev. Barber who’s been a leader of the Moral Monday Marches in NC
Adam L Silverman
@Sister Golden Bear: They’re not going to erase you. This is 2019, not 1953. You all have a lot of allies they will have to go through first.
MomSense
@Sister Golden Bear:
I haven’t seen you in awhile. How are you feeling? I hope you are recovered and feeling well.
Steeplejack
@Omnes Omnibus:
Well said.
Sister Golden Bear
@??? Goku (aka Amerikan Baka) ??:
He’s an extreme narcissist, he’s incapable accepting blame. The Trumpster cannot fail, he can only be failed.
Mike in NC
@Ruckus: Yup, I was on active duty 30 years ago and most everybody onboard ship was working about 18 hours a day, 7 days a week. Being a homophobe was definitely not a priority.
Unfortunately, in the 90s the Virginia Beach police still regularly ran stings to entrap people and we lost a couple of highly qualified officers.
??? Goku (aka Amerikan Baka) ??
@Adam L Silverman:
@Sister Golden Bear:
Cool Beans! McCrony never could give Barber’s marchers the time of day. A fascist masquerading as an empty suit moderate.
Adam L Silverman
@Steeplejack: Lethality is the flavor of the month right now. It is unclear to me where it originated, though I think it started with General Milley, who is currently the Chief of Staff of the Army. It is really a stupid conceptualization to fetishize because it warps a lot of stuff. How do the non and less lethal/non and less kinetic phases of unconventional warfare fit in? What about Civil Affairs? Psychological Operations and warfare? Information Operations and warfare? I was glad that Milley was selected over GEN Perkins to be Chief of Staff. I’m not happy that Milley has been selected over the US Air Force Chief of Staff, Gen Goldfien, to be the next Chairman of the Joint Chiefs of Staff. And that’s not just because the Air Force was next in line to provide the chairman.
??? Goku (aka Amerikan Baka) ??
@Sister Golden Bear:
I guess I meant if the voters would blame Trump for it.
@Steeplejack:
He is a lawyer you know. He’s a modern day Perry Mason.
Sab
@??? Goku (aka Amerikan Baka) ??: Have you called Sen Portman’s office lately? I called his Columbus off3ice today and got a live person. It was a very polite conversation.
I want Portman to know that folks are watching, that it really depends on the Senate voting, and I don’t care about statements. I want action to get the government up and running again.
I don’t care what the impediments are. We have 99 Senators other than McConnell and they could force a vote if they really insisted. If there isn’t a vote, then obviously they aren’t trying hard enough because they don’t care enough. Next election I will vote for someone who does care about the government shutting down.
??? Goku (aka Amerikan Baka) ??
@Adam L Silverman:
Silly Silverman! Don’t you understand? The only people in the Army are the guys that shoot up the bad guys. It’s not like their are vital positions in the Armed Forces that don’t require you to be a fit 200-pound Schwarzenegger lookalike that can no-scope like nobody’s business! Life is just like an 80s action flick and you bang the hot chick at the end while Van Halen plays in the background. Or Kenny Loggins.
The libturds have corrupted you.
Sister Golden Bear
@Adam L Silverman: Yeah, I know the times are different. Not only are there allies they’ll have to go through, there’s plenty of trans people — especially the Youngs — who refuse to go back into the closet.
@MomSense: Thanks for asking, I’m more or less back to normal physically, although there’s still another six months of internal healing to go. I finally started feeling fully myself again about a month ago, i.e. finally got my energy back.
@Adam L Silverman: The Rev. Barber video is full of awesome — and I was pleasantly surprised by him making a point of supporting LGBTQ rights, something he didn’t necessarily have to do. Highly recommend taking the time to watch.
Omnes Omnibus
@Adam L Silverman: I’ve always considered logistics to be the big thing. My guys couldn’t fire our guns if we didn’t have shells and propellant, we couldn’t move to new positions without POL, and the guys would do fuck-all if they weren’t fed once in a while.
@??? Goku (aka Amerikan Baka) ??: Perry Mason was a hack.
Sister Golden Bear
@??? Goku (aka Amerikan Baka) ??:
Some will, but I wouldn’t hold my breath waiting for 27% of the population to do so. After all, Dear Leader cannot fail, he can only be failed.
??? Goku (aka Amerikan Baka) ??
@Omnes Omnibus:
But he had a win-lose percentage of like 99.9/100%!
??? Goku (aka Amerikan Baka) ??
@Sab:
I haven’t yet, but I’m getting to point where I will
@Sister Golden Bear:
His deadenders don’t matter. Just as long as enough in the right places do is what counts.
MomSense
@Sister Golden Bear:
I am really happy to hear your good health news. So happy for you.
Sab
@??? Goku (aka Amerikan Baka) ??: Thanks. I’m just nagging Ohioans. The DC office goes to voicemail. Try the local offices.
Steeplejack
@Adam L Silverman:
Yes, it has a strong, reductive “We have hammers—which way to the nails?” feel to it. And this in an age of asymmetric warfare and warfare conducted less on “battlefields” and more among civilian populations.
I wonder if any of the big brains have thought about configuring the military to be more multi-pronged and useful in those situations. “Yes, we’re here to kill the bad guys, but, as long as we’re here, why don’t we get that village pump fixed and maybe get the kids vaccinated for [local disease]?” You know, winning hearts and minds. It seems like the military gets the best press for rescue operations and humanitarian efforts. Why not bring that more to the policy forefront? Maybe even, God forbid, integrated with State, AID and whomever else.
Aleta
This is about keeping promises represented by Pence, rewarding RW Christians for votes, and making sure they stay firm behind Pence no matter what happens to Trump. Because Pence was made to be a mostly dumb figurehead standing for “religious freedom.”
GLADD list of Pence-related anti-LGTBQ actions, up to April 2018. March 2018 was an anti-trans month.
July, 2016 Time mag about Pence vs gay rights
Timurid
So I went to fencing tonight, and everyone was talking about the Covington kids. And all of them were convinced that they were victims of of some horrible injustice.
I am so over white people right now…
Adam L Silverman
@Omnes Omnibus: Yep. This whole focus leaves out a whole lot of important stuff.
??? Goku (aka Amerikan Baka) ??
@Timurid:
I assume you set them straight
@Sab:
No problemo
mvr
Just imagine Trump under the stresses the folks he wants to kick out have to deal with every day. And then think about who you would want protecting you.
Omnes Omnibus
@Timurid: At least it didn’t make you stabby.
Adam L Silverman
@Steeplejack: I’ve been working on that since 2010. I was specifically tasked out to Civil Affairs Branch to work with them on developing that concept.
Steeplejack
@Omnes Omnibus:
I’m hearing the boop! boop! boop! of her being stabby with an unfortunately blunt épée.
Steeplejack
@Adam L Silverman:
Good luck with that!
Adam L Silverman
@Steeplejack: It is a war of attrition.
??? Goku (aka Amerikan Baka) ??
@Adam L Silverman:
I didn’t scare you with my comment at #41 did I? I know it was over the top but that was the point. I admit my jokes don’t always hit.
Steeplejack
@Adam L Silverman:
Not on your side, I hope.
Adam L Silverman
@??? Goku (aka Amerikan Baka) ??: Actually the sound track on the sizzle reel is usually Metallica.
Adam L Silverman
@Steeplejack: We’ve got the concept pretty well hammered out. The problem is getting enough senior leaders attention for long enough to actually make progress. Which is part of the reason we’ve been working on it for 9 years.
Adam L Silverman
Oopsie?
Jay
@Adam L Silverman:
There’s also the problem of ‘Merkin’s taking point, and command.
The Marshall Plan failed in the beginning, and continued to fail until Marshall realized that the best people to prioritize projects, were the locals.
There’s also some other thorny problems.
Often the local “lethality” locals, have no interest in the wellbeing and welfare of the locals.
Then the thorny issue if NGO’s becoming targets as well.
And of course, the issue of an elementary school being no compensation to locals that lost children to the “lethality corp’s” collateral damage ops or their “oops” ops.
It’s complex.
Adam L Silverman
@Jay: It is in many ways far more complex that simply moving fast and breaking shit.
Jay
@Adam L Silverman:
Yup. A lot of that “lethality” concists of blowing shit up from afar.
Quite often, a lot of the “wrong shit”, like weddings.
Fixing a lot of that requires a “trigger puller” up close, on the ground, educated enough about the local complexities to know when to pull the trigger, and when not to. How to deal with situations with out creating conflict, and how to deconflict.
That however, results in casualties.
If there are casualties, then that breaks the US Military as a knee jerk response tool for the Politico’s.
Adam L Silverman
@Jay: One day I’ll tell you about my “don’t blow up the wedding, that would be very, very, very bad!” email that I sent in reply to a question from one our battalions ops officer in Iraq in 2008.
Jay
@Adam L Silverman:
Someday there will be a Great Big Book of War Stories We Can’t Talk About.
Sister Golden Bear
@Adam L Silverman: Pretty common actually.
Not unsurprising, since most of the “conversion” therapy folks seem far more obsessed with gay sex than actual out-of-the-closet gays.
Joey Maloney
@Sister Golden Bear: I read about this Matheson clown on the PinkNews site. While he’s come out, he doesn’t disavow his past work or his past life. He’s still a proponent of what he calls “mixed-orientation” marriages and thinks conversion therapy [sic, spit] is a valid way to respond to SSO.
My impression is of a person who hasn’t yet worked up the moral courage to admit that his beliefs and actions have damaged a lot of people.
And he’s a Mormon. LDS is a hell of a drug.