Activist judge halts key Trump policy — and this one has me particularly unnerved


Howdy folks, I pray y’all had an awesome Thanksgiving Day and reflected with family and that for which you are most thankful. I fried two turkeys and a honey spiral ham — there was nothing left of the turkeys but bone. One was Cajun seasoned and the other a mixture of Latino seasonings. We had some friends over who’d never had fried turkey — needless to say, they loved it. Well, I will not belabor you for too long since I know y’all may be out doing “Black Friday” shopping. Hmm, do the folks at Black Lives Matter consider that racist? Me? Well, I had a nice early morning run and gonna eat leftovers as I watch college football. But, it’s not just leftover turkey some of you will be eating today…there are two-legged “turkeys” walking amongst us.

As reported by NBC, “Another federal judge has halted a proposed transgender military ban, expanding on an initial ruling issued last month against the plan by President Donald Trump’s administration.

In a preliminary injunction issued Tuesday in Baltimore, U.S. District Judge Marvin Garbis ruled that transgender service members have “demonstrated that they are already suffering harmful consequences” due to the proposed ban including threat of discharge, stigma and the cancellation or delay of surgeries related to their gender transitions.

The six plaintiffs in the lawsuit he reviewed have all been receiving hormone therapy. Trump had announced on Twitter in July that the government would not allow transgender individuals to serve in the military in any capacity. The order was a proposed reinstatement of a longstanding policy that barred transgender people from joining the military and also subjected service members to discharge if they were revealed to be transgender. That policy was changed last year under President Barack Obama. But in a strongly-worded passage from his 53-page decision, Garbis wrote that the “capricious, arbitrary, and unqualified tweet of new policy does not trump the methodical and systematic review by military stakeholders qualified to understand the ramifications of policy change.”

We previously shared with you the first lower court judge, out of DC, who weighed in on this policy. What I find interesting is that this Judge Garbis, a walking turkey, makes reference to an “unqualified tweet.” but he doesn’t refer to the policy directive issued by the commander in chief of our armed forces. I will admit, this is why here on these pages we’ve advised against President Trump doing policy by Twitter…never give your adversary ammunition. But what really caught my eye was the words of Judge Garbis ruling, “transgender service members have “demonstrated that they are already suffering harmful consequences” due to the proposed ban including threat of discharge, stigma and the cancellation or delay of surgeries related to their gender transitions.”

When was it the mission and responsibility of the U.S. armed forces to provide gender transitions? And again, let’s stop with the soft language of the progressive socialist left. We’re talking about a mental condition called gender dysphoria, and there are some very serious dysfunctions and consequences associated with this illness, such as massive psychiatric counseling and suicide.

Once again, we’re falling into the abyss of believing that the military must reflect civilian culture and accommodate individual sexual behaviors. Let me remind Judge Marvin Garbis that the U.S. armed services is a voluntary organization, and that means it’s discriminatory based on standards for its good order and discipline that it implements.

Are we to now believe that Soldiers, Sailors, Airmen, Marines, and Coast Guardsmen who are overweight must now receive liposuction instead of being separated for failing to meet weight standards? Can we expect those who fail to meet physical fitness criteria and standards now to run to a civilian court and petition for a halt to any actions against them? After all, we don’t want them to suffer harmful consequences with the threat of discharge.

Can I ask a really simple question? Where were all these judges when Barack Obama unilaterally changed this policy? Hmm, yep, now we know why Obama and Harry Reid sought to stack those lower court judges, they would be the ultimate gatekeepers of the progressive socialist turkey trot mess that Obama would implement…and leave.

This has everything to do with judicial activism, not any legal issue. And I must reiterate, when did it become the duty of civilian court judges to become the guardians of a particular partisan policy issue? Judge Marvin Garbis, and the previous judge, have no business ruling on military personnel policy based on individual mental conditions. There’s nothing unlawful and immoral about reinstating the ban on those suffering from gender dysphoria from serving in the U.S. armed forces. Judge Garvis has no position to issue a ruling on military personnel policy, if he does, then where does it end?
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Sadly, this is just another example of the liberal progressive left’s goal to undermine the military and institute their social engineering policies. The U.S. military is not the place for the left’s “participation trophy” mentality. Our military is not the place where everyone gets to belong, play, and receive a trophy. If we had a compulsory service in our country, then perhaps I could understand accommodating. However, we have a military that is selective, and for good reason.

What truly unnerves me about this issue is that I haven’t heard a single senior military leader stand up and push back. I don’t believe that the type of senior military officers this nation once produced would let a Judge Garbis tell them to change men into women in the military. Can you really imagine Patton, Chesty Puller, Nimitz, or many others just remaining silent? So why are our senior officers sitting back and allowing the decimation of our armed forces? And then they ask why mid-level officers and non-commissioned officers are departing?

We don’t need turkeys like Judge Marvin Garbis issuing rulings to the U.S. military. Perhaps this judge should take off the black robe, put on a uniform, and deploy into a combat zone…if he’s so very concerned about our military policy. Maybe we can soon expect the judge to issue a ruling preventing President Trump from deploying troops, or ruling on other matters of our national security.

Heck, we already have activist judges of the liberal progressive mode making rulings about immigration policy from countries on terrorist lists. Maybe we should just send the winners of “diversity visas” to live with these judges? There can be no debate, the courts have become the means by which progressivism is sustained, enabled and proliferates.

What should President Trump do, you ask? My recommendation is simple. He is the commander in chief of our armed services…and he issued a directive to our SecDef for implementation. If these judges were silent for Obama, then President Trump, who needs to stop tweeting policy, needs to tell them to remain silent now.

Where was Judge Garvis on Benghazi…talk about suffering? President Trump needs to look SecDef Mattis in the eyes and tell him to carry out his directive, implement his policy as directed. If SecDef Mattis refuses, then fire him; no more delays for studies and research.
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Our military does not exist to provide hormonal surgery and gender reassignment surgeries…doggone, then let’s start performing breast enhancements, and other elective cosmetic surgeries as well. Damn, let’s just stop funding war fighters and equipping them with the best, and just spend the money on more individual sexual behavior policies.

I’ve never seen anything so disturbing for our military. And I cannot be the only one finding this to be quite disconcerting…civilian judges telling the President what he cannot do when it comes to military personnel policy?

Judge Garbis, and all your ilk, we voted for Donald Trump to be president. What next, you gonna prevent the implementation of other policies such as taxation? If we wanted the Obama crap to continue we would have voted for Hillary Clinton. She lost…America won. Get outta the way, and be glad that a fella like me isn’t sitting in the position of president, because I would just simply steamroll you. And that’s not me being an advocate for executive overreach, that was Obama, but I understand judicial activism and overreach of the courts. Stay in your lane, and get out of the business of determining the policy of our United States Armed Forces.

You sir, Judge Marvin Garbs, are a jive turkey.

Editor’s Note: This column previously appeared at Used with the permission of the author.

Lt. Col. Allen B. West is the former U.S. Congressman representing Florida’s 22nd District, a Fox News Contributor, a contributing columnist for, the former Executive Director of the National Center for Policy Analysis in Dallas Texas, and the author of Guardian of the Republic: An American Ronin’s Journey to Faith, Family and Freedom. Col. West is the third of four generations of military servicemen in his family. During his 22 year career in the United States Army, he was awarded the Bronze Star, 3 Meritorious Service Medals, 3 Army Commendation Medals (1 with Valor device), and a Valorous Unit Award. In 1993 he was named the US Army ROTC Instructor of the Year. Col. West believes it will be principled constitutional conservative policies, not politics, which will secure a sound economic future for Americans.