Shilling et al. v. Trump
Legal Issues
Overview
Overview
The government appealed Judge Settle's order granting a preliminary injunction which prevents the government from banning transgender individuals from the military.
The Issue
Issue
Whether the government's executive order banning transgender individuals from serving in the military violates constitutional protections under the Equal Protection Clause and Due Process Clause.
The Rules
Rule
A preliminary injunction is appropriate when the movant demonstrates likelihood of success on the merits, irreparable harm absent an injunction, that the balance of equities favors the movant, and that the injunction is in the public interest. Courts apply heightened constitutional scrutiny to classifications based on suspect characteristics or affecting fundamental rights.
The Application
Analysis
The district court found that plaintiffs established a likelihood of success on their constitutional claims and that the harm from military service exclusion constitutes irreparable injury, warranting an injunction to preserve the status quo pending resolution on the merits.
The Conclusion
Conclusion
The preliminary injunction blocking the transgender servicemember ban remains in effect during the Ninth Circuit's appeal of Judge Settle's order.
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