OA247: Status of the Trans Ban

Today’s episode tackles the recent Supreme Court orders in the Trump ban on transgender service members.  How did we get here and what’s next?  Listen and find out.

We begin, however, with a brief Andrew Was Wrong segment regarding the history and modern politics of the State of the Union.

After that, it’s time for the main segment, which dives deeply into the history of trans service in the U.S. military, including a discussion of what it means to bring a case pursuant to the equal protection clause and what the future likely holds.

Then, it’s time for a rapid-fire round of questions about Trump’s shutdown.  Why is Congress still getting paid?  Who can sue, and why haven’t they?  Find out the answers to these questions and more!

We end, as always, with a brand new Thomas Takes the Bar Exam Question #111 regarding the delivery of water bottles.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!


Thomas was just the guest host on Episode 179 of God Awful Movies.  Give it a listen!  And if you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

1. The must read Advocate Article interviewing long-standing friend of the show Alice Ashton.
2. 2016 Open Service Directive: Directive-type Memorandum (DTM) 16-005, “Military Service of Transgender Service Members”
3. 2017 Trump Memorandum rescinding the Open Service Directive
4. 2018 Mattis Policy: Military Service by Transgender Individuals
5. Mattis “Study”: Dept of Defense Report and Recommendations on  Military Service by Transgender Persons
6. We last discussed Hively v. Ivy Tech (7th Cir.) and Zarda v. Altitude Express (2nd Cir.) in Episode 152
7. Glenn v. Brumby, 663 F.3d 1312 (11th Cir. 2011)
8. FLSA lawsuit regarding the Shutdown
9. Federal Judiciary extended to February 1st
10. 13 U.S.C. § 1350 – Criminal penalty

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