A panel of the U.S. Court of Appeals for the Fourth Circuit today upheld the Defense Department's prohibition on inducting applicants who test HIV-positive. Judge Paul V. Niemeyer wrote for a unanimous court in Wilkins v. Hegseth, No. 24-2079. Excerpt:
[S]ince the Military’s categorical prohibition on the entry of HIV-positive individuals into the Military passes rational basis review in several respects, such agency action is not arbitrary and capricious so as to violate the APA. The Military’s policy to deny HIV-infected persons from joining the Military well satisfies the rational basis review under the equal protection component of the Due Process Clause, particularly in the military context, when the Military is making a judgment about raising and supporting armies. . . .
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