Posted on 01/13/2020 12:43:27 AM PST by fwdude
A federal appeals court Friday upheld a lower court’s injunction blocking the Air Force from discharging two HIV-positive airmen.
"A ban on deployment may have been justified at a time when HIV treatment was less effective at managing the virus and reducing transmission risks," the three-judge panel of the 4th U.S. Circuit Court of Appeals wrote in its ruling.
"But any understanding of HIV that could justify this ban is outmoded and at odds with current science," it added. "Such obsolete understandings cannot justify a ban, even under a deferential standard of review and even according appropriate deference to the military's professional judgments."
(Excerpt) Read more at thehill.com ...
AIDS continues to be the only disease with its own ‘civil rights.’
My question is when did the judiciary usurp the power to determine how to run the US military? If the US Air Force wants to ban people from service for having two differently shaped eyebrows, that is within their purview and not a judge in the entire nation has the Constitutional authority to overrule that.
Furthermore, even if we accepted some level of control over the military by the judiciary, by what expertise does this particular jackass come up with conclusions such as “But any understanding of HIV that could justify this ban is outmoded and at odds with current science.” So the judge is a f***ing scientist now, qualified to judge which scientific studies are valid and should be applied to military readiness and which are not?
The judge is a LAWYER, and probably not a very good one, and his job is to do one thing, and one thing only: determine whether an action is legal or illegal. That’s it. Is there any law that precludes the US Air Force from discharging HIV positive airmen? If there is, cite it. If there isn’t, then the judge has NO BUSINESS and NO AUTHORITY to tell the Air Force how it should and should not run its affairs.
Judges are not appointed or voted in to interpret scientific data for us - they are there to interpret the existing LAW. This judge should be impeached, tarred, feathered, and run out of the country on a rail.
HIV infection continues to be a long-term debilitating condition. You have to dig down deep, beyond the public-relations facade, into sources which report the truth of this to hear the actual facts. If not the HIV infection, then the meds themselves are highly likely to wreak havoc on health and wellness, physical and mental.
Apparently there is:
Both Section 504 and the ADA prohibit discrimination against qualified persons, including those with HIV/AIDS. The ADA prohibits discrimination by employers, places of public accommodation, and state and local government entities.
I don’t disagree, but it isn’t the crux of the issue with this judge’s actions.
I’m guessing it doesn’t apply to the military. Seems like if it did the judge would have cited it.
digging in deep with non normal pubic relations created this long term debilitating condition continuing to wreak havoc...
No legal authority.
HIV also messes up kidneys....brain...I just read that whether or not pt on good HIV meds and inoculated against HIV..they lose immunological response to smallpox...there are probably other organs it will effect but the infected may not live long enough to find out.
P.S...the judge is an idiot.
Those people are not qualified for military service, same as me with epilepsy.
Oh yeah
SIC SEMPER TYRANNIS
Dumb law. It doesn’t consider the situation those afflicted people have to engage. You are going to mandate that a person in a wheelchair can pilot a f16? Or that all military equipment is ADA compliant? Gotta change the law.
I meant “inoculated against smallpox”. Apologies for the error.
Goofy to think you are in a war zone or hostile situation, you get wounded, you need an urgent blood transfusion, and your crew member can’t help ‘cause he has HIV.
PC thinking putting people’s lives at risk.
This says they can discharge someone for being over weight or having cancer because that person is a detriment to readiness. The same should apply to any incurable disease, like HIV.
Bad enough I might be placed in a bad situation in the military but I have to worry that someone on my own team could kill me with their tainted blood? Glad I’ve done my time and am out.
This is more evidence on the importance of flipping the rest of the appeals courts. The ruling is clearly political, and we need to restore reason to our military and to the rule of law.
Diabetes is manageable too, but they will kick you out of the military in a heartbeat if you ever have any of it. That was a big argument back when they were deciding HIV policy, and HIV policy has a strong political backing Force whereas the diabetics of America are just scum under the toenails of government
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