Doe v. Trump (USA)

The U.S. Department of Justice (“DOJ”) filed a brief in Doe v. Trump, asking the court to dismiss the lawsuit filed on behalf of several military service members who identify as transgender alleging the directive to ban transgender people from military service “violates both the Equal Protection component of the Fifth Amendment and the Due Process Clause of the Fifth Amendment to the United States Constitution.”  The motion to dismiss, filed October 4, 2017, alleges lack of jurisdiction and failure to state a claim.

The brief argues that the plaintiffs “have not suffered the kind of concrete injury necessary to establish standing, nor do they face an imminent threat of future injury.”  It further argues that should the court deny the motion to dismiss based on lack of jurisdiction, or failure to state a claim, that the plaintiffs’ motion for preliminary injunction is an “extraordinary and drastic remedy” and should be denied, as the plaintiffs “have not shown that they are likely to suffer an irreparable harm absent the entry of a preliminary injunction.”