Appeals court skeptical of bid to end military's ban on HIV-positive applicants
A federal appeals court appeared deeply skeptical on Monday of an effort to end the military‘s ban on allowing HIV-positive people to enlist, with the panel expressing concern over the deference the Department of War should receive to set its own health and fitness standards.
TL;DR
- A federal appeals court heard arguments regarding the military's ban on HIV-positive individuals enlisting.
- Judges appeared skeptical, questioning the extent of deference owed to the Department of War for setting health and fitness standards.
- The lawsuit, brought by Minority Veterans of America and HIV-positive individuals, argues that improved HIV treatments negate the need for the ban.
- Judges expressed concern that overturning the ban could lead to numerous similar lawsuits challenging other medical disqualifications.
- The Department of Justice defended the policy, comparing it to other health conditions that disqualify applicants.
- A previous three-judge panel had sided with the Department of War, upholding its authority to set standards.
- The case is highlighted alongside a potential Supreme Court review of the ban on transgender people in the military, which also hinges on the military's authority to set health standards.