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Military Law,
U.S. Supreme Court

Feb. 12, 2019

Ruling on transgender ban signals a shift

Without any explanation, on January 22, the U.S. Supreme Court, in a 5-4 ruling split along ideological lines, allowed President Donald Trump’s ban on military service by transgender individuals to go into effect.

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

See more...

Ruling on transgender ban signals a shift
When President Trump announced that he was going to ban transgender individuals from serving in the military, the chairman of the Joint Chiefs of Staff, Joseph Dunford, disagreed and said that he "believe[s] that any individual who meets the physical and mental standards ... should be afforded the opportunity to continue to serve." (New York Times News Service)

Without any explanation, on January 22, the U.S. Supreme Court, in a 5-4 ruling split along ideological lines, allowed President Donald Trump's ban on military service by transgender individuals to go into effect. Trump overturned an Obama administration policy to permit such military service. This allows unjustified discrimination a...

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