A federal district court in Seattle has scheduled a trial for the lawsuit against President Trump and his proposed transgender policy for the military, but do not expect judgment anytime soon.
A pretrial conference in the Karnoski v. Trump case is set for the end of May 2019 with a five- to 10-day bench trial to follow, according to court filings last week.
The active-duty transgender troops and prospective recruits who filed the Karnoski suit are wrangling with the Justice Department over the discovery process and turning over documents related to Trump’s July tweet announcing a service ban.
They are arguing the department has “consistently ignored” requests to turn over names of Trump administration officials who the president might have conferred with before and after the tweet. The DOJ has opposed turning over names and White House logs because it claims the information is privileged.
Trump wrote on July 26 that “after consultation with my Generals and military experts” he would no longer allow transgender troops to serve “in any capacity.”
The case could turn on what deliberations went into the tweets and the Pentagon’s proposed transgender policy that Trump signed off on in March.
The trial plans come as three other federal lawsuits by transgender troops filed against the president and Defense Secretary Jim Mattis are also steaming ahead.
Plaintiffs in the Doe v. Trump case in D.C. are attempting to subpoena conservative groups including the Heritage Foundation, Family Research Council, and the Center for Military Readiness for their contacts with the White House.
They were filing a motion for a summary judgment in that case Friday, which if granted could bring a quick judgment and leapfrog the Doe case over the Seattle case. Any decisions in the cases are likely to be appealed by the Justice Department and could eventually reach the Supreme Court.
The department is asking the D.C. court to lift an injunction — one of four granted in each federal lawsuit — that have so far blocked the Pentagon from implementing its new transgender policy, which would exclude many transgender people from service.
The proposed policy written by Mattis bars anybody diagnosed with gender dysphoria, a common condition among transgender people, or who have undergone surgery for gender transition from enlisting in the military. Anybody diagnosed after enlisting would be denied the treatment and be required to serve under their birth gender.
The nearly 1,000 transgender troops who are now openly serving and have received medical treatment would be grandfathered in under the policy.
