"Unadulterated animus"

Bonespurs Donald Trump continuing his legacy of disrespect and disdain for our military

Meet Commander Emily Shilling. A naval aviator for more than 19.5 years. She has flown more than 60 combat missions, including Iraq and Afghanistan. The U.S. Navy has spent more than $20 million on her training. She’s served her country with integrity and honor. She’s sacrificed in ways many of us would never be willing to do. And yet, Convicted Felon, Bonespurs Donald Trump, says Cmdr. Shilling is not honorable, not truthful, not capable of doing her job, and doesn’t have a disciplined lifestyle. Why? Simply because Shilling is an openly out transgender woman.

After Cmdr. Shilling transitioned, she was required to regain her flight clearance. She underwent intense and extensive psychological and physical evaluations. Independent experts in their respective fields determined that she was qualified to serve. There is zero evidence that supports Trump’s claims in his Executive Order that operational effectiveness or readiness is impacted in any way by transitioning. Instead, and as explained by federal judge, Ana Reyes, in her scathing 80-page nationwide preliminary injunction in another lawsuit brought against this ban, the truth is Trump’s policy is “soaked in animus” and clearly “stigmatizes transgender persons as inherently unfit, and its conclusions bear no relation to fact.” But, the truth and the facts have never stopped Trump from implementing insidious and discriminatory policies.

Cmdr. Shilling and others sued the United States for violating their equal protection rights. And in addition to Judge Reyes, another federal judge, Judge Benjamin H. Settle (who was appointed by President George W. Bush), in the state of Washington issued a preliminary injunction that had a nationwide impact banning Trump’s Executive Order. Judge Settle noted: “There can be few matters of greater public interest in this country than protecting the constitutional rights of its citizens.” Hard agree. So, the Trump Administration ran to SCOTUS with an “emergency application” to lift Judge Settle’s injunction.

In a stunning move Tuesday night, SCOTUS issued a short, 1-page order giving the green light to the Trump Administration to purge transgender military service members, including Cmdr. Shilling, from America’s armed forces:

That’s it. No reason given and no analysis provided. Just this 1-page ruling, which allows the Department of Defense led by DUI-hire, Pete Hegseth, to impose Trump’s transgender ban while Cmdr. Shilling’s case is being litigated on appeal. Instead of just imposing the ban on only Shilling and the other plaintiffs in that lawsuit, six SCOTUS justices paused the nationwide injunction issued by Judge Settle. And that is despite the 9th Circuit Court of Appeals refusing to block Judge Settle’s ruling while it considered the Trump Administration’s appeal. Whatever happened to deference to the lower courts?? On this issue, at least THREE federal courts have ruled that this transgender ban is unconstitutional. Grateful, as always, for Justices Sotomayor, Kagan, and Jackson for their sanity, but once again, they’re outvoted.

This order, albeit short, is worth breaking down. It basically puts Judge Settle’s injunction on pause and says that IF the Trump Administration timely files a petition for writ of certiorari (which is just a fancy way of asking a higher court to decide if a lower court made the right decision), and depending on how the 9th Circuit rules on the pending appeal, and IF SCOTUS decides to take up the case (because it’s not obligated to grant certiorari), then until SCOTUS issues its ultimate ruling, the transgender ban will continue. However, IF SCOTUS decides not to grant certiorari, then the stay on the ban is automatically terminated.

As often occurs with “emergency applications,” there is no reasoning or rationale provided for SCOTUS’ ruling. But, it seems like everything is a damn 5-alarm fire these days for the Trump Administration. Why? Because they keep losing at the lower courts. But that’s what makes this SCOTUS “win” for Trump that much bitter to swallow.

I don’t want to hear that this is just a temporary stay and that means it isn’t as destructive and shameful as we all know it is. There is no evidence and no reason to support Trump’s Executive Order. The courts are built on evidence. Allowing his nefarious ban on transgender military service members to survive while the appeal is pending and being litigated is an absolute travesty. It spits in the face of those service members who have sacrificed and dedicated their lives to serving their fellow Americans. We ask a lot of our armed forces already. Now, Trump is saying that only some of our military have value. The wholesale, unjustified purge of transgender military service members, who are embedded in units across the world, will create the true negative impact on our nation’s military readiness and operational effectiveness.

And with SCOTUS giving even a temporary green light to this transgender military ban, it’s creating a permission structure for other courts to deny equal protection to other litigants who are simply trying to seek justice for their rights being unconstitutionally trampled upon.

Be outraged. Be mad. And demand accountability.