Legal Opinion

Wilkins v. Austin III

District Court, E.D. Virginia

Decided August 20, 2024No. 1:22-cv-01272Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division ISAIAH WILKINS, et al., ) Plaintiffs, v. 1:22-cv-1272 (LMB/IDD) LLOYD AUSTIN, II, et al., Defendants. MEMORANDUM OPINION In Harrison v. Austin and Roe v. Austin,' the Court held that the United States military’s policies prohibiting the commissioning and retention of asymptomatic HIV-positive service members with undetectable viral loads were irrational, arbitrary, and capricious, in violation of the equal protection component of the Fifth Amendment’s Due Process Clause and the Administrative…

2Cases cited32 opinions

  1. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  2. Plyler v. DoeSupreme Court of the United States · 1982
  3. Heller v. Doe Ex Rel. DoeSupreme Court of the United States · 1993
  4. Shuttlesworth v. City of BirminghamSupreme Court of the United States · 1969
  5. Anthony Martin v. Susan DuffyCourt of Appeals for the Fourth Circuit · 2017

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