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...

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