{"id":73660,"date":"2017-07-28T10:14:35","date_gmt":"2017-07-28T14:14:35","guid":{"rendered":"http:\/\/valorguardians.com\/blog\/?p=73660"},"modified":"2017-07-28T11:12:33","modified_gmt":"2017-07-28T15:12:33","slug":"here-come-the-lawsuits","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=73660","title":{"rendered":"Here Come the Lawsuits"},"content":{"rendered":"

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The Navy Times<\/a>\u00a0is reporting President Trump\u2019s intent to reverse the 10-month-old Pentagon policy that allows transgender troops to serve openly is likely to set the stage for a legal battle between the Defense Department and those troops at risk of involuntary separation, legal experts say.<\/p>\n

\u2018\u201cWe\u2019re going to raise all holy hell that this is intolerable and say we\u2019re not going to go away quietly on this issue,\u201d said Matt Thorn, executive director of OutServe-Servicemembers Legal Defense Network (SLDN), an organization that represents the transgender community in the U.S. military.\u2019<\/p>\n

Trump posted tweets Wednesday morning baring transgender people from serving in the military \u201cin any capacity.\u201d While having no legal bearing, Trump\u2019s tweets may precede executive orders formalizing changes to the Pentagon\u2019s policy.\u2019<\/p><\/blockquote>\n

Thorn says his advocacy group has already identified several potential plaintiffs from among the estimated 7,000 transgender troops on active duty. The group would file a lawsuit almost immediately should a ban be enacted, he said.<\/p>\n

\u2018However, a quick lawsuit might not lead to a quick decision, warns Greg Greiner, a partner at Tully Rinckey law firm and head of its Military and National Security Law Practice Group.<\/p>\n

Like litigation regarding the \u201cdon\u2019t ask, don\u2019t tell\u201d policy, Greiner says that a court case against a transgender military ban would likely drag on for years. But the process could begin soon.<\/p>\n

\u201cI get the impression that the Secretary of Defense [Jim Mattis] had been considering [the ban],\u201d said Greiner. \u201cIf the president has it the way he wants, it will probably be sooner rather than later.\u201d<\/p><\/blockquote>\n

Advocates would likely ask the courts to stay the policy change, which would effectively prohibit the Pentagon from implementing the ban until the litigation is resolved.<\/p>\n

The ultimate outcome of a lawsuit is unclear. Traditionally the federal courts have given the military wide latitude to conduct its affairs. But there are instances where lawsuits have been effective: Advocates for gay and lesbian troops successfully blocked enforcement of the \u201cdon\u2019t ask, don\u2018t tell\u201c rules in 2010.<\/p>\n

According to Trump\u2019s tweets, healthcare costs and internal disruption were the driving forces behind the decision.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

The Navy Times\u00a0is reporting President Trump\u2019s intent to reverse the 10-month-old Pentagon policy that allows transgender … Here Come the Lawsuits<\/span>Read more<\/a><\/p>\n","protected":false},"author":657,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-73660","post","type-post","status-publish","format-standard","hentry","category-politics"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/73660","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/657"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=73660"}],"version-history":[{"count":0,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/73660\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=73660"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=73660"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=73660"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}