He's still not above the law. Why, if you say you're a conservative, do you want him to be?
The plaintiffs' complaint is that the rule has no military justification, but rather is a political sop to social conservatives.
I have no opinion on the merits of the complaint. I have no dog in this hunt.
Again - the merits of the plaintiffs' case will be decided in due time. In the meantime, the ruling that so many are whining about merely keeps the status quo in place pending that decision. That's because good soldiers relied on the prior rule to reveal themselves as transgenders and continue to honorably serve.
Will you quit with the "whining" bullshit? Your whining about other people simply trying to set the record straight is really getting annoying.
Fact: The Military is under the Uniform Code of Military Justice. It is a separate judicial system from the ordinary civilian courts, and was established as such because the entire situation in the Armed Forces is different that it is for civilians. When an order is given in the military, it needs to be followed under all but the most special circumstances, and those usually involving an act which would be a violation of the UCMJ.
There is no time to quibble in civil courts in an organization built on obedience to orders, which requires that obedience to function effectively in its role as the main line of defense of our nation. I could not conceive of a more effective way to hobble, shackle, neuter, and generally render ineffective our Armed Forces than to open them to the endless whinging, pissing, and moaning of the attorney feeding trough of civil suits over every order. You want a country? Don't even start this shit, or you will be speaking another language, and waling under someone else's flag, because our military couldn't function without getting through ten years of bullshit to fire a shot. I have seen what the civil courts can do to building a mere pipeline, a great steel hose to move liquids, and know full well you would have to learn Chinese or Russian or both if that was done to our Armed forces, provided you even survived the invasions.
So let's grow up a little, and acknowledge there are definite life and death situations which require an ability to function, without question, on demand, which brook neither quibbling nor question. Those qualities being essential to the defense of this nation, the justice system which every recruit signs on to when they enlist or are conscripted is different, and separate from the civilian justice system--of necessity.
When the Commander in Chief gives an order, he is at the top of the chain of command. The chain of command is important to the functioning of the military. Those of higher rank give orders to those of lower rank, and those of lower rank are expected to carry those orders out. That may involve others giving orders to those of lesser rank, and so on, but it does not involve any civilian judges.
Civilian judges are outside the UCMJ, and outside the chain of command. They have no more authority that a traffic cop in Tampa has in Toronto, Ontario or London, England. None, zip, nada, zero.
The judge is ruling on something she has no authority over, and as such, the ruling is void. The President not only may, but
should ignore the ruling, except to point out that the judge has no authority over this.
If that frosts your cookies, I'd suggest you avoid military service, which by your reticence in answering my question many posts back, I assume you have.
