An expert on military readiness is warning that the Department of Justice’s decision not to go directly to the U.S. Supreme Court in the dispute over transgenders in the ranks “allowed judges to run the military,” which violated the U.S. Constitution.
Lower courts affirmed the Obama administration policy of allowing transgender recruits in the U.S. military. But the Department of Justice then failed to appeal to the U.S. Supreme Court, setting a bad precedent, contends Elaine Donnelly, president of the Center for Military Readiness.
Donnelly argued Chief Justice John Roberts also could have stayed the injunctions temporarily and referred the matter to the full court for an expedited briefing.
“It would be reasonable to expect that Justice Roberts would be inclined to grant the stay on basic separation of powers issues, but there is no way to know for sure,” Donnelly said.
“We do know that failure to petition for a stay has