Bloomberg Law Transgender Military Ban & LA Prosecutors Resign
May 8, 2025
Constitutional law expert David Super delves into the Supreme Court's decision permitting the discharge of transgender servicemembers, analyzing its social and legal ramifications. Former federal prosecutor Jimmy Gurule discusses the controversial plea deal made by the LA US Attorney with a convicted sheriff’s deputy, raising questions about political influences in justice. Healthcare attorney Harry Nelson addresses the lawsuit by 20 State Attorneys General against the Department of Health and Human Services, highlighting concerns over public health initiatives and executive authority.
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Supreme Court Backs Transgender Ban
- The Supreme Court allowed the Trump administration to begin discharging transgender military personnel despite compelling equal protection claims by plaintiffs.
- The court likely gave deference to military judgment even though the ban lacks substantial evidence supporting military effectiveness concerns.
Discharge Causes Irreparable Injury
- Discharging transgender troops can cause irreparable injury due to record stains that affect veterans benefits.
- Even if restored later, the harm from forced separation has lasting consequences.
Ban Lacks Military Justification
- The transgender ban is a political decision rather than a military judgment, lacking evidence on effectiveness.
- Transgender service members have proven capable and can be discharged individually if unfit without a blanket ban.