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Marty Lederman
@marty_lederman
, 5 tweets, 1 min read Read on Twitter
What now for the Mattis "transgender in the military" policy? As I predicted, the Court denied the petitions before cert., but by a 5-4 vote it stayed the injunctions. The Mattis policy now goes into effect. What's the practical effect? I explain here:

justsecurity.org/62128/untangli…
2/[UPDATE: As I have written to a couple of people who asked, current service-members who have already received a medical diagnosis of gender dysphoria before the date the final injunction is stayed in the Stone case (which could be any day now) are "grandfathered"--...
3/ --they can transition (at DOD's expense), and at some point act in accordance with the grooming, uniform and facilities rules for persons of their experienced (and thus transitioned) gender. Virtually all other transgender persons who are currently serving ...
4/ ... can remain in the military, and (according to DOJ/DOD) be "openly" transgender, but may not transition or act in accord with the grooming/uniform/facilities rules associated with their experienced gender.
5/ If, however, some current service-members (for some reason) receive a diagnosis of dysphoria after the final injunction is stayed (which presumably none of them will seek), I believe they'd have to leave the armed forces.
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Marty Lederman
@marty_lederman
1/ Legislative decisions don't get much easier than this one. Whatever their motives, the protestors are irrationally and cruelly advocating child neglect. The bill would at least ameliorate the problem somewhat. Truth be told, though . . .

thehill.com/news-by-subjec…
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Marty Lederman
@marty_lederman
1/ This was entirely preventable; the harm to the children is indefensible.

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nytimes.com/2019/02/06/us/…
2/ Every Washington legislator should vote for the legislation ASAP, which would at least ameliorate the problem somewhat. But the amendment is too modest.

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3/ If politically feasible, it ought to be expanded to eliminate the indefensible "personal and philosophical" exemptions to immunizations other than MMR, and to eliminate the religious exemption for MMR, which will, if it's retained, raise serious constitutional questions.
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Marty Lederman
@marty_lederman
1/ This, by Phil Zelikow, is just right. Except that there needn't be just one "report." The 600.8(c) report on prosecution decisions can and should be distinct from any counterintel report.

@just_security

washingtonpost.com/opinions/what-…
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