Criminal Justice & the Rule of Law

Document: Court Dismisses President Trump as Party in Transgender Service Member Ban Case

Victoria Clark
Tuesday, August 7, 2018, 11:41 AM

On Aug. 25 2017, President Trump ordered the U.S. government to not accept or allow transgender individuals to serve in the U.S. military. Two plaintiffs, Jane Doe 1 and Jane Doe 2, subsequently filed a lawsuit seeking to block the memorandum and sought a preliminary injunction. The court granted the preliminary injunction in Oct. 2017.

Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Colombia issued two rulings on Aug. 6 in the case of Doe v. Trump.

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On Aug. 25 2017, President Trump ordered the U.S. government to not accept or allow transgender individuals to serve in the U.S. military. Two plaintiffs, Jane Doe 1 and Jane Doe 2, subsequently filed a lawsuit seeking to block the memorandum and sought a preliminary injunction. The court granted the preliminary injunction in Oct. 2017.

Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Colombia issued two rulings on Aug. 6 in the case of Doe v. Trump.

In the first opinion, the court removed President Donald Trump as a party in the case in order to “avoid unnecessary constitutional considerations” and dissolved the preliminary injunction as it applies to him. In the second opinion, the court denied the defendants’ motion to dismiss the plaintiffs’ second amended complaint and the defendants’ motion to dissolve the preliminary injunction. The case will proceed, and the preliminary injunction “shall continue to maintain the status quo ante.” The documents are available in full below:

Memorandum Opinion

Order

Memorandum Opinion

Order


Victoria Clark is an intern at Lawfare. She was formerly a national security intern in Governance Studies at the Brookings Institution. She is a senior at Georgetown University studying Government and History.

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