A federal appeals court agreed to rehear a case challenging the U.S. military’s ban on enlistment for people living with HIV. The full U.S. Court of Appeals for the Fourth Circuit vacated an earlier February decision that upheld Pentagon restrictions on recruits with HIV and reset the case. The matter centers on Isaiah Wilkins, a former Army reservist who was accepted into the U.S. Military Academy Preparatory School but was disenrolled after testing positive for HIV. Wilkins and other plaintiffs sued the Defense Department over policies that bar people living with HIV from joining or rejoining military service. Oral arguments before all active judges are tentatively scheduled for September.
"In an order issued May 18, the full U.S. Court of Appeals for the Fourth Circuit agreed to rehear Wilkins v. Hegseth, vacating a February ruling by a three-judge panel that upheld the Pentagon's restrictions on recruits living with HIV. The rare move resets the case and gives advocates another opportunity to dismantle one of the military's last remaining HIV-specific exclusions."
"The case centers on Isaiah Wilkins, a former Army reservist who was accepted into the U.S. Military Academy Preparatory School before being disenrolled after testing positive for HIV. Wilkins, alongside two additional plaintiffs and Minority Veterans of America, sued the Defense Department over policies that prevent people living with HIV from joining or rejoining military service."
"“The decision came in February, and it felt like the end of the line,” Wilkins said Thursday in a statement. “But Peter and Scott saw one last chance, however remote, to turn things around - and we did. I couldn't be more thrilled to still have a chance at serving my country.”"
"Attorney Scott Schoettes, who argued the earlier appeal, said the rehearing “wipes the slate clean.” “We are excited to argue this appeal"
Read at Advocate.com
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