High Court's 'Transgender Ban' Orders Leave Questions Open

Featuring CNS Fellow Michel Paradis

“The orders also may be the latest in a line of rulings by the high court that take a dim view of preliminary injunctions being used to block military decisions, Paradis noted, pointing to the 2008 Winter v. Natural Resources Defense Council decision, a case over a proposed block on the Navy’s use of sonar during training drills due to the alleged effects on marine life.

“[Chief Justice John Roberts] wrote an opinion for the court that all but says preliminary injunctions against the military are all but impossible; are strongly disfavored; that the public interest is always against them,” Paradis said.

A caveat to that consideration, however, is that the orders came after 5-4 votes, with the justices typically seen as the court’s “conservative wing” in the majority. That could signal that the court eventually wants to take the case on the merits, Paradis said.”

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Karen Greenberg