Stockman v. Trump

rdf:langString Stockman v. Trump

rdf:langString Stockman, et al v. Trump, et al

rdf:langString Judge Jesus Bernal

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rdf:langString Order , Case 5:17-cv-01799-JGB-KK, Dkt. No. 79

rdf:langString Plaintiffs are "protected by the Fifth Amendment's Due Process Clause[, which] contains within it the prohibition against denying to any person the equal protection of the laws." [{{cite court |litigants=United States v. Windsor |vol=570 |reporter=U.S. |opinion=___ |pinpoint= |court= |date=2013}}] Consequently, the government must proffer a justification which is "exceedingly persuasive," "genuine," "not hypothesized," not "invented post hoc in response to litigation," and "must not rely on overbroad generalizations." [{{cite court |litigants=United States v. Virginia |vol=518 |reporter=U.S. |opinion=515 |pinpoint=531 |court= |date=1996}}] Defendants' justifications do not pass muster. Their reliance on cost is unavailing, as precedent shows the ease of cost and administration not survive intermediate scrutiny even if it is significant. [{{cite court |litigants=Frontiero v. Richardson |vol=411 |reporter=U.S. |opinion=677 |pinpoint=688–91 |court= |date=1996}}] Moreover, all the evidence in the record suggests the ban's cost savings to the government is minuscule. Furthermore, Defendants' unsupported allegation that allowing transgender individuals to be in the military would adversely affect unit cohesion is similarly unsupported by the proffered evidence. These justifications fall far short of exceedingly persuasive.

rdf:langString Stockman v. Trump (5:17-cv-01799-JGB-KKx) is an old lawsuit filed on September 5, 2017, in the United States District Court for the Central District of California. The suit, like the similar prior suits Jane Doe v. Trump, Stone v. Trump, and Karnoski v. Trump, seeks to block Trump and top Pentagon officials from implementing the proposed ban on military service for transgender people under the auspices of the equal protection and due process clauses of the Fifth Amendment. The suit was filed on the behalf of four named and three anonymous transgender plaintiffs by Equality California (EQCA). Two other major LGBT-rights organizations which had filed Jane Doe v. Trump, GLBTQ Legal Advocates & Defenders (GLAD) and the National Center for Lesbian Rights, joined the suit as co-counsels in October 2017. In addition to President Trump, the amended suit names as defendants the Secretaries of Defense (James Mattis), the Army (Ryan McCarthy, acting), the Navy (Richard Spencer), the Air Force (Heather Wilson), and Homeland Security (Elaine Duke).

rdf:langString Pending

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rdf:langString Jane Doe

rdf:langString John Doe 1

rdf:langString John Doe 2

rdf:langString Aiden Stockman

rdf:langString Jaquice Tate

rdf:langString Nicolas Talbott

rdf:langString Tamasyn Reeves