Transgender In The Military

United States Army

Back in August President Trump ordered Defense Secretary James Mattis to not accept the enlistment into the military of openly transgender individuals. Since then lower courts have ruled to block that order and as of January 2nd the U.S. military may have to, at least temporarily,  accept transgender enlistments. Two U.S. courts of appeals ((Fourth Circuit and D.C. Circuit) upheld the lower court’s preliminary injunctions.

It is not clear why the administration has not sought a stay from the Supreme Court. The primary issue is not really whether these transgender individuals are fit for military service, but rather the powers delegated to the President under the United States Constitution.

From a statement by Elaine Donnelly of the Center for Military Readiness yesterday:

“Under Article III of the U.S. Constitution, the federal courts have no authority to make policy regarding the military. The Department of Justice (DoJ) should have protected the constitutional rights of President Donald J. Trump by filing an emergency appeal with the Supreme Court immediately after the District of Columbia and Fourth Circuit Courts of Appeals denied requests for stays of lower court preliminary injunctions. The issue is not the military transgender policy alone, but who gets to decide what the policy will be. By failing to petition the Supreme Court to stay the lower court orders, the DoJ has tacitly conceded that federal judges can make military policy and establish medical standards for enlistments.”

Even if one doesn’t take Constitutional issues into account (and one should take the Constitution into account) transgenders often suffer from severe mental illness and have suicide rates approaching 40% which is even higher than that for schizophrenics who currently cannot serve in the U.S. military.

The expense and difficulty of dealing with the needs of this small minority of individuals should not be allowed to sabotage the U.S. military the function of which is to defend the United States, however sympathetic one might be for some of these unfortunate individuals. Sympathy and compassion is not the issue. An efficient and effective military and the Constitutional right of the President to direct that military as the Commander-In-Chief is the issue.

One theory of why the administration has not sought a stay from the Supreme Court is that the Defense Department is currently conducting a “study” and will continue to litigate later this year using results from that study. In the meantime transgender recruits may have clauses in their enlistment contract specifying that they can be discharged if the administration prevails in court and specifically stating that the government will not pay for any transgender treatments (e.g., sex-reassignment surgery) during their enlistment.

Let us hope that is the case and the Trump Administration fully plans to protect the rights and authority of the Presidency from Left wing courts and hopefully they will prevail in the Supreme Court. That also may be more likely if the President has the opportunity to appoint more Conservative judges to the high court who will protect the Constitution.

You can read more on the issue on Breitbart and the Center for Military Readiness.

December 3, 2018 InAmerica



December 28, 2017 How Trump Changed the Courts in 2017

President Donald Trump and Supreme Court Justice Neil Gorsuch
President Donald Trump and Supreme Court Justice Neil Gorsuch

How Trump Changed the Courts in 2017

 Even before he was president, Donald Trump was clear about how he would prioritize putting constitutionalists on the courts.

And now, at the end of 2017, we can see how his presidency is already having an effect on the courts.

So how has the president done in his first year in office in terms of making good on that promise? Quite well indeed.

While the crowning achievement of the year was clearly the confirmation of Gorsuch to the Supreme Court, it is worth celebrating the fact that the Senate confirmed 12 circuit court judges this year—the largest number of appellate judges confirmed during the first year of any president in history (beating out John Kennedy and Richard Nixon by one).  

-John G. Malcolm, READ MORE at The Daily Signal

Trump’s Tax Reform Will Benefit Middle Class More Than Wealthy

 Most of the gifts exchanged at this time of year are opened on Christmas Day. But this time around, a big one arrived a few days early: the Tax Cuts and Jobs Act.

You’d never know that if you listen to the grinches in the so-called mainstream media, of course. They poured the usual amount of derision on it, insisting that it’s nothing more than a robber-baron’s roundup—a grab bag of goodies for the rich and no one else.

“A Win for the Wealthy, the Entitled and the Irresponsible,” read the headline of The Washington Post’s editorial. The New York Times, meanwhile, went with “Tax Bill Lets Trump and Republicans Feather Their Own Nests.”

Other media outlets followed suit, venting outrage at what they insist is nothing more than a sellout and a scam.

It isn’t. The Tax Cuts and Jobs Act isn’t perfect, but it offers real tax relief to Americans up and down the income scale. President Donald Trump’s opponents are so fixed in their class-warfare ways that they seem oblivious to how beneficial it will really be, to ordinary workers and to the economy as a whole.  

-Ed Feulner, READ MORE at The Daily Signal

Passing Tax Reform Offers Republicans Another Shot to Repeal Obamacare

 Republicans have another shot to repeal Obamacare in 2018 after passing the historic Tax Cuts and Jobs Act.
Republicans passed the Tax Cuts and Jobs Act in December, which repealed Obamacare’s individual mandate. After passing the tax reform legislation, Republicans have differed on whether to pivot to infrastructure or entitlement reform.

Speaker Paul Ryan signaled that next year he wants to tackle entitlement reform, while Senate Majority Leader Mitch McConnell suggested that Republicans should move on from repealing Obamacare. Republicans will only have a one-seat majority in the Senate in 2018, which will make more contentious issues such as welfare reform and Obamacare repeal less politically viable, although some conservatives have argued that Republicans should focus on repealing Obamacare.  

-Sean Moran, READ MORE at Breitbart

December 28, 2017 InAmerica