“As the respected leaders of our brave armed service members, you have no obligation to implement a hastily considered tweet designed to serve as a ‘wedge’ political issue; but rather you should honor your own independent duty to support and defend the Constitution of the United States,” the lawmakers wrote.If it is blatantly unconstitutional, it is a blatantly unconstitutional policy that then-President Obama maintained for almost his whole tenure -- as did every single President before him. Of course, we have recently learned that the mere fact that a thing has been considered constitutional for the entire history of the nation is no proof against it being declared unconstitutional now.
“We believe any serious or credible review of the law and the facts in the present case make it clear that the president’s proposed ban on transgender people serving in the armed forces will weaken, not strengthen our military, and is blatantly unconstitutional.”
Still, it's a thin reed to hang a mutiny on. Military orders are to be defied only if they are so obviously illegal as to "shock the conscience," a standard that 'restore the policy we had last year' would rarely satisfy.
There is one military leader on the record as intending to defy the order, which is now a formal policy that will soon be transmitted to DOD. The Commandant of the US Coast Guard says he will defy the order. The Coast Guard is usually a Homeland Security outfit but capable of being transferred to the DOD during war or at the pleasure of the President. The Coast Guard apparently has 13 members who are openly transgender, all of whom he apparently had contacted to express his support.
Meanwhile, The Hill reports that defiance is becoming more standard in nonmilitary Federal agencies.
The growing opposition in the executive branch comes as the White House’s legislative agenda has stalled in Congress and Trump turns to his Cabinet agencies to change course in several policy areas. It also is emanating from career staffers or political holdovers whose resistance to Trump has, at times, been rooted in deep opposition to the president’s agenda.The opposition can take benign forms, such as resigning in protest, which is obviously perfectly fine and even highly appropriate if you decide that you can't do the job for whatever reason. This opposition can also take other forms, such as the dangerous new culture of leaking American secrets to the press.
For members of Congress to openly call for a military mutiny, though, is... well, reckless at least. Insofar as they believe they are defending the Constitution, I suppose their oaths require them to do what they think is necessary. But they're asking for one hell of a crisis, and I hope they know it.