President Donald J. Trump attempted to initiate a policy barring transgender recruits from joining the U.S. military. Before it could take effect, a federal court rejected it. According to the president of one Washington based think tank, that decision was an act of “judicial overreach.”
Frank Gaffney, president of Center for Security Policy, a conservative group that seeks to “identify challenges and opportunities likely to affect American security,” says the decision prohibiting the Pentagon from rejecting transgender recruits ignores legitimate questions President Trump raised when he implemented the policy.
Trump halted an Obama-era policy which would allow transgender troops to openly serve and receive medical treatment related to their transgenderism. Trump said at the time, “Our military must be focused on decisive and overwhelming victory and cannot be burdened with the tremendous medical costs and disruption that transgenders in the military would entail.”
A U.S. district judge in Baltimore halted the proposed ban in November, saying transgender recruits would need to be accepted starting January 1. The government appealed, arguing that it did not have processes in place to screen such recruits. The 4th U.S. Circuit Court of Appeals in Virginia decided not to grant the delay in December, meaning Trump must take the decision to the Supreme Court.
Speaking as a special guest on Monday’s edition of SiriusXM’s Breitbart News Tonight, Gaffney said, “This really is the end of the United States military as we know it and as we need it to be.”
Gaffney feels the Trump administration erred, as they should have sought a stay from Supreme Court Chief Justice John Roberts.
“I was deeply disappointed that the administration chose not to seek a stay from the chief justice of the Supreme Court, who I believe could have given to them on his own authority to suspend this enlistment practice,” Gaffney said.
President Donald Trump allowed “insubordinate subordinates” to deprioritize his July-announced directive to reinstate restrictions ended by the Obama administration regarding military recruitment of transgender persons, said Gaffney.
The admission of transgender persons into the military, said Gaffney, will compromise military readiness:
The idea was, the president said, we’re not going to bring in more people who have a psychological disorder that is clinically known as gender dysphoria, and it is a problem that can create erratic behavior, I’m told. It is a problem that, at the very minimum, requires lots of medical treatment; that treatment can make people unable to do things like deploy for months and months and months on end, to say nothing of the costs that the Pentagon will have to cover for these medical procedures.
So, for all these reasons, the president was right to say we’re not going to do that. And yet several federal district court judges and two appellate court panels have decided that actually judges are now the commanders-in-chief of the United States military and they can tell the president to get stuffed on things they don’t agree with.
Gaffney feels that “judicial usurpation of presidential powers over the military” may expand into other areas, and he predicts court interference in military operations in the future.
Trump was “elected on a platform of ending political correctness in the military, and of rebuilding the military,” said Gaffney. “The president has a duty, in my view, to resist these kinds of activities.”
Gaffney’s comments may be heard in the following recording: