Does the federal judiciary run the Pentagon now?
“These district judges are presuming to run the military as if they were supreme judicial commanders or something,” says Elaine Donnelly of the Center for Military Readiness.
After advocating for years for a well-trained military, Donnelly and CMR instead witnessed the Obama-led Pentagon welcome homosexual activism and then open up front-line roles to women. But then came a surprise tweet from Trump last August rolling back a last-minute Obama directive from 2016 allowing mentally ill transgenders to serve openly in the U.S. armed forces.
The new order from the new commander in chief ordered the Pentagon to return to the previous policy, but to date four federal district court judges have blocked Trump’s directive, and two appeals courts have upheld those rulings.
In fact, the courts have ruled that open transgenders could join as of January 1, meaning the federal courts have ruled that Trump’s order could not reverse Obama’s order – even though both came from the desk of the president.
What has happened in the federal courts, Donnelly says, amounts to a constitutional crisis because a judge, rather than the commander is chief, is determining who is fit to serve in the armed forces.
“If federal judges can run the military on this issue, then certainly they could run the military on any issue, especially ones that are couched in terms of social justice,” she warns. “This is dangerous.”
The Department of Justice should have defended the President in court, Donnelly tells OneNewsNow.
“However, for some reason,” she says, “that appeal was not filed even though they filed at the appeals court level and they were turned away.”
Referring to the court-ordered allowance, Donnelly says the Department of Defense should issue “conditional enlistments” to transgenders.
“What the Department of Defense should do,” she advises, “is say, Look, this is being done under court order. And if the litigation should go in the direction of the President wants then this enlistment contract will be void, will no longer be valid and if you want to sign up it will have to be under this condition.”
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