WASHINGTON (AP) — A federal judge in Washington on Monday barred President Donald Trump's administration from excluding transgender people from military service.U.S. District Judge Colleen Kollar-Kotelly ruled that transgender service members who had sued over Trump's policy were likely to win their lawsuit. She directed a return to the situation that existed before Trump announced his new policy this summer.
On the surface of it, it's ridiculous. How could president Obama change the rule but president Trump cannot reverse the decision? No judge blocked president Obama from making the change, so how does a court have the ability to do so now? Either both changes are legally permissible or neither are. The specious argument that transgender service members are likely (likely???) to win their lawsuit does not rise to the level of reasonable cause to deny the president the option to attempt to reverse the recently changed policy. The lawsuit has not even concluded yet. As a result of the lawsuit perhaps a change will be required. At this point, why?
By that judicial logic, likelihood is enough of a reason to allow the president's travel ban to be extended indefinitely: it's likely that someone from one of the countries named in the travel ban will at some point in the future commit an act of terror against the United States.
Both sides can play the game of likely. I expect that this activist judicial decision will be overturned. Regardless of your view on the transgender issue. the court is on thin ice with the argument behind this decision.