Background
Plaintiffs challenged government policies denying military induction to persons with HIV. In August two thousand twenty-four, a district court permanently enjoined the government from enforcing these policies against asymptomatic HIV-positive individuals with undetectable viral loads. The government appealed but did not initially seek a stay in the district court. A three-judge panel later stayed the injunction sua sponte in December two thousand twenty-five before the panel decision was vacated by an en banc rehearing in May two thousand twenty-six.
The court’s reasoning
The court granted the motion for partial stay pending appeal. The dissenting opinion emphasized that the government failed to demonstrate irreparable harm because it waited fourteen months after the district court’s injunction and fourteen months after the Supreme Court’s decision in Trump versus CASA to seek relief. The dissent noted the government did not first move for a stay in the district court as mandated by Federal Rule of Appellate Procedure eight.
The dissent
What it means going forward
The government is temporarily permitted to enforce its military accession policies against individuals with HIV beyond the three named plaintiffs while the appeal proceeds, pending further court orders.