I had a major case of deja vu when I wrote the title of this column, I am not sure why because I know I’ve never written anything on such a great courtroom confrontation. On the other hand, we have encountered so many instances of putting every member of a class into some horrific stereotype that such behavior can simply no longer surprise us. Today, it was the administration’s characterization of the transgendered community that hit home during a hearing in front of a federal judge who was simply not having it. The administration wants all transgendered Americans out of the military. But it was how they characterized a group of regular Americans that infuriated the judge. It was stereotyping that was about as bad as it gets.
Herewith, there is no point in setting this up further other than to say that I’ve participated in and read about a lot of motion practice in court and have almost never run into a better hypothetical posed by a judge:
Another fiery exchange from Judge Reyes in the trans military case:
— Mueller, She Wrote (@muellershewrote.bsky.social) 2025-02-18T19:28:21.638Z
“My courtroom bars white men because, white men – like me, tend to be entitled and not understand the reality that is for women and marginalized classes of men, and thus cannot be good advocates for anyone… ” This is as good as it gets in describing the offensiveness of the administration’s statement. I totally understand the DOJ attorney’s response. The attorney didn’t make the statement, no that was the administration. The attorney was just trying to get away from the specifics and into whether the order was unconstitutional and not the specific statement – don’t blame that person at all. But the point is the point and it appears that the administration is baring transgendered people on the basis that it finds “them” to be dishonest, lack integrity, etc. etc.
As an aside and – I hope – a public service. It recently came to light to me that most MAGA voters don’t do the same level of reading that we do. Most of them believe that when we refer to our “trans” community, we are actually referring to “transvestites” – which is maybe understandable. The problem is that “transvestites” are generally known to be people who dress across the genders (As far as I know), and this is a lifestyle choice, utterly harmless near as I can tell. But it is 100% different than being transgendered, which is not a lifestyle, it is a medical/psychological condition subject to medical treatment if the person so chooses. It is critical that we educate the Right such that they are actually talking about people with no choice in who they are, only trying to find a way to express themselves in this world. It is also critical to note that trans teens are one of the groups with an utterly tragic rate of suicide, there is no group higher. These are critical facts that the Right needs, I think we would see less animosity if they knew the truth. (The person that I dealt with certainly diminished their anger, almost totally, and was embarrassed for not knowing).
Whether our trans community can survive the bigoted nature of some is a question. The judge is right to focus on the unconstitutional justification for the ban, but the administration can always take another run at it and use a more palatable, less obviously unconstitutional argument – they will likely win, the executive does run the military after all. Still, there is no justifying chasing all of our trans family out of the service.
The pity is that these decisions used to be final. It is not like administrations kept people going in and out of the service. Once “in” administrations were supposed to leave it alone as decided. Not this one. Amazing.
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Anything based on a false premise has to fail legally.
Because ‘false premises’ are lies, and we don’t decide the law based on lies.
No matter how much maga wants it too.
I doubt anyone would argue such and broad sweeping stereotypes are also unconstitutional whether generally lies or not. But the problem is that the administration can just withdraw this rationale and put out another one that is more closely tied to actual missions. I don’t know what they would say, perhaps something stupid like “It makes the unit divided over what gender the person might be, causing confusion… ” Now that’s BS and we know it, but it would likely not be unconstitutional.
It is a problem bc if the administration wants to run the trans community out, they are going to do it, and it is their job to run it, so that’s a real problem.
jason
The judge is not arguing law here. The core of what she is saying is here: “People can make solid arguments as to why some or even most transgender people … shouldn’t be in the military. [But in this case] We’re dealing with unadulterated animus.” What is “animus:? It means, more or less, intention. In other words, the case you are presenting is not making any valid argument. It’s just motivated by malicious intention, to get these people kicked out of service. Essentially, you’re not presenting a real case, you’re just blowing hot air. Now if they actually presented an argument, no matter how bad you think it is, or she thinks it is, at least they are presenting an argument. But they haven’t done that, and the fact that they come to the judge with this kind of bullshit already speaks badly for them; it’s already on the record, along with her reaction. Now if they come back with an argument, at least that’s something she can evaluate. But the trans people have their counsel too, and she may very well find their argument more compelling. As to whether it as any legal substance. So it’s not as cut and dried as you are suggesting.
I am more than a little familiar with the law. It is pretty cut and dry. They just went so far out of bounds they deserved to be called out. We can agree to disagree but I’m hardly in over my head here.
jason
tRUMP’S Kakistopracy/CIVIL WAR on ALL “Others” in America, will be COLLATERAL damage. RW FASCIST/Nazi’s don’t care if, the OTHERS SURVIVE! MAKE the “White & poor do manual labor….Work in the Coal mines, pick Vegetables in the fields, etc. It’s the “Robber BARON’s Era! Yep, hooray for the Rich, White People. Many Others, will be starving & homeless.
For ANY group to be wholly slandered as “dishonest, dishonorable, undisciplined, immodest, who lack integrity” by the Drumpf Administration is the ABSOLUTE HEIGHT of hypocrisy.
Tonald Drumpf is THE MOST PERFECT example of “dishonest, dishonorable, undisciplined, immodest, who lack integrity.” Open a dictionary to any of those words, and Drumpf’s face will be there to show an example.
This is not new, but I was reminded of it by an email from Faithful America:
https://www.politicsplus.org/blog/wp-content/uploads/2023/11/lost-sheep.jpg
As far as thinking that “transgender” is a “lifestyle choice,” yes, they certainly do. They think that just about anything is a lifestyle choice, and that is particularly true of LGBTQIA+ differences, of which just about zero is a lifestyle choice (and I would certainly include transvestism as not a lifestyle choice. It might be a choice if someone cross dressed for a non-sexual purpose, such as a role in a play or a movie, or some kind of a prank, .but if it’s a compulsion, it’s not a choice.) But even educating them isn’t good enough if they refuse to believe it, as in my experience, which I grant is limited, most do. You were fortunate to be speaking with someone who believed you.