Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—July 27

Then-president Donald Trump prior to boarding Air Force One at Joint Base Andrews, Md., January 12, 2021 (Carlos Barria/Reuters)

2018—In a challenge to the Trump Administration’s policies on transgender individuals serving in the military, federal district judge Marsha Pechman orders President Trump to provide plaintiffs information and documents bearing on his deliberations and communications in connection with adoption of the policies. Nearly a year later, a unanimous Ninth Circuit panel (in Karnoski v. Trump) will vacate Pechman’s discovery order and fault her for failing to give proper consideration to the president’s executive privileges.


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