Federal judge says Trump can't stop funding gender confirmation surgery for transgender troops
The order, issued in Maryland and halting a proposed transgender military ban, goes further than an earlier ruling by a judge in Washington.
For the second time, a judge has blocked the president’s proposed ban on transgender people serving openly in the military.
U.S. District Judge Marvin J. Garbis cited Trump’s tweets in his ruling, saying that the administration cannot refuse to pay for transgender troops’ healthcare (including transition and surgery costs) and that trans people have already suffered because of his erratic decision.
In his 53-page order, Garbis said the transgender service members challenging the ban have “demonstrated that they are already suffering harmful consequences such as the cancellation and postponements of surgeries, the stigma of being set apart as inherently unfit, facing the prospect of discharge and inability to commission as an officer, the inability to move forward with long-term medical plans, and the threat to their prospects of obtaining long-term assignments.” […]
The judge agreed with the government that the courts should generally defer to the president and Congress on military affairs, but it found that “Trump’s tweets did not emerge from a policy review,” according to the opinion, which featured images of the president’s July tweets.
“A capricious, arbitrary, and unqualified tweet of new policy does not trump the methodical and systematic review by military stakeholders qualified to understand the ramifications of policy changes,” wrote Garbis, who was nominated to the bench by President George H.W. Bush.
Hell yeah. We are not letting this happen.