4th Circ. Won't Lift Bar On Discharging HIV-Positive Airmen

Law360 (January 10, 2020, 8:55 PM EST) -- The Fourth Circuit has upheld a bar against the U.S. Air Force discharging HIV-positive service members, ruling Friday that airmen challenging military HIV policies as arbitrary and unconstitutional are likely to succeed on at least one of their claims.

The circumstances of the two pseudonymous airmen's case, including a strong chance that they will succeed on at least one of their challenges to the disputed deployment policies, meant the government could not claim that the policies were military decisions immune to court review, U.S. Circuit Judge James A. Wynn wrote for a three-judge panel.

Those circumstances, which also include the possibility...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!