Wednesday, November 22, 2017

Judge does not mince words with admin over trans military ban

Judge Marvin J. Garbis
US District Court
Judge Marvin J. Garbis
United States District Court Judge Marvin J. Garbis (Maryland) isn't the judge you would expect to nullify Trump's order on trans military service. He is 80 years of age and he was appointed by George H.W. Bush whose judicial legacy lives on in Clarence Thomas.

Nevertheless, Judge Garbis has blocked Agent Orange. In a 53 page order the judge said that the ban “cannot possibly constitute a legitimate governmental interest.” He also said that Trump’s tweet announcing the ban was “capricious, arbitrary and unqualified.” Garbis took aim at Trump's lack of thought and process:
The lack of any justification for the abrupt policy change, combined with the discriminatory impact to a group of our military service members who have served our country capably and honorably, cannot possibly constitute a legitimate governmental interest.
DOJ tried to claim that the issue was not ripe due to the fact that the ban had not yet been implemented. Garbis was having none of it writing:
Waiting until after the directives have been implemented to challenge their alleged violation of constitutional rights only subjects them to substantial risk of even greater harms.
I find it hard to tell if Trump is an outrageous bigot or if he is just pandering to Tony Perkins et al. It really doesn't matter which it is or if it is a combination of both. In the final analysis the actions are bigoted.

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