For ten years, the question of transgender service in the U.S. military has swung back and forth with every administration. Now the D.C. Circuit's majority has sided with a district court that enjoined the Trump Department of Defense's 2025 policy excluding individuals with gender dysphoria.
But the real story is the dissent. Judge Walker's opinion lays out why that intervention was a mistake, and why the majority overstepped the proper role of the courts.
The dissent's argument is simple and powerful. The Constitution hands judgments about military readiness, deployability, and unit cohesion to Congress and the Commander in Chief, not to federal judges. Service members are not civilians, and courts are not generals.
As Walker notes, the plaintiffs cannot point to a single binding precedent holding that the Constitution dictates the composition of our armed forces against the wishes of the political branches. Not one.
In today’s show I walk through the dissent in detail: the decade of policy reversals, the deference doctrine the Supreme Court has applied for generations, and where the majority went wrong. If you care about how courts treat military judgment, this one matters.
Join me LIVE right after the open-access show as I break it all down.
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Episode #M1343.
NOTE: We mostly ended up covering Bessent's recent speech last week at the Reagan Library.
Yesterday the great and powerful Treasury Secretary Scott Bessent absolutely WRECKED House Democrats during a hearing of the House Ways & Means Committee.
And that was only day after he had done the same to Senate Democrats in a hearing of the Senate Finance committee.
What is best in life, Bessent the Barbarian? To crush your Democrats, see them driven before you, and hear the lamentations of their gender confused!
Trump just shared with America all the winning his administration has already secured for the nation, as well as all the winning coming down the road.
Yesterday was Trump’s 12th publicly aired cabinet meeting, all in his first 14 months in office. This contrasts sharpy with a mere three that Biden held in the same time frame of his administration.
Join me as I break down the second half of this lengthy cabinet meeting and celebrate all the winning.
Trump just shared with America all the winning his administration has already secured for the nation, as well as all the winning coming down the road.
Yesterday was Trump’s 12th publicly aired cabinet meeting, all in his first 14 months in office. This contrasts sharpy with a mere three that Biden held in the same time frame of his administration.
Join me as I break down the first half of this lengthy cabinet meeting and celebrate all the winning (second half will be covered in tomorrow’s members only show.)
Join me LIVE right after the open-access show as I break it all down.
All @TheBrancaShow mugs! https://tinyurl.com/k778wj2k
Today’s LIVE show with Attorney Andrew Branca of Law of Self Defense will focus on a case out of Wyoming that is a great case example of why representing yourself as your own attorney is a bad idea–and also why a superficial understanding of the law can be an extremely dangerous thing.
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Remember
You carry a gun so you’re hard to kill.
Know the law so you’re hard to convict.
Stay safe!
–Andrew
Attorney Andrew F. Branca
Law of Self Defense LLC
Law of Self Defense Platinum Protection Program
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This live show covers the Burlington Coat Factory police shooting in North Hollywood CA that occurred this past Thursday, and accidentally killed a 14-year-old girl, as well, the just published interview of one of the Kim Potter jurors.
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January 8, 2022
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