CU Joins Amicus Brief in United States v. Shilling (Transgender Military Ban)

“Believing it had jurisdiction to review the challenged decision, the district court felt free to impose its own policy preferences, declaring the Hegseth Policy invalid. The district court gave little deference to how the Constitution bears on this issue. It never considered whether the issue of military readiness might be an area where the political branches are accountable not to the courts, but only to the People. Nonetheless, there is good reason to believe that the decision regarding military readiness challenged here has been Constitutionally vested in the Executive and Legislative branches, with no role whatsoever for the judiciary to play. Thus, the issue is a jurisdictional one, and the district judge would be jurisdictionally prevented from overruling the decision.”