Supreme Court Sides with Constitution on Trump's Ban on "Transgender Individuals" in the Military

Updated: Apr 26, 2019

Here's an article detailing the decision: and here are some quick notes:

1. The case is not over. The Supreme Court simply kept the restrictions in place while the case is pending.

2. The early vote line was encouraging. While all four liberal justices voted against the common sense rule (Ginsburg, Breyer, Sotomayor and Kagan), the following Justices voted to keep the common sense rule (Roberts, Thomas, Alito, Gorsuch, and Kavanaugh). This is significant for three reasons:

  • There was legitimate concern several weeks ago with the Planned Parenthood procedural ruling when only Thomas, Alito and Gorsuch dissented, and Roberts and Kavanaugh joined the liberal justices.

  • This time, it was very encouraging to see that Roberts and Kavanaugh were on the right side in a matter of textual, constitutional and moral clarity.

  • This is only one vote – but it is very encouraging – and let’s pray it will continue.

3. We continue to pray for all of the justices, but in particular for Kavanaugh and Roberts. We pray that they will not be tempted to jockey to become the “swing vote” or a fulcrum on the Court. Rather, that they would loathe such “political” concerns and simply be Article III judges who are faithful to their oath to the Constitution – the original public meaning of the Constitution.

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