Post by The National Law Journal

The U.S. Court of Appeals for the Fourth Circuit cleared the way for the federal government to bar people with HIV from enlisting in the armed forces. In lifting a lower court injunction, the Fourth Circuit rejected claims that the U.S. Department of Defense's policy is unconstitutionally discriminatory and arbitrary and capricious in violation of the Administrative Procedure Act. Judge Paul Niemeyer, writing for the panel, said the court owed great deference to the military’s rationales behind the policy, including that it is more costly to maintain an HIV-infected soldier than one without the infection. “[T]he military has articulated its need to have fit servicemembers who can fulfill its military mission without complications from medical conditions that could compromise deployment functions, contribute to conflicts with foreign nations during deployment, and add costs over those generally necessary to maintain fit servicemembers,” wrote Niemeyer, a George H.W. Bush appointee. Judges Allison Rushing and Julius Richardson, both Donald Trump appointees, joined the opinion. Full story from Avalon Z.: https://lnkd.in/eD78DpHu