Roe v. Department of Defense Case Brief Summary | Law Case Explained

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Roe v. Department of Defense, 947 F.3d 207 (2020)
A preliminary injunction is an extraordinary remedy issued to preserve the status quo while litigation is pending. Most preliminary injunctions are preventive, which means that they’re designed to prevent future harm. In Roe versus Department of Defense, we explore the four factors a court ordinarily considers when deciding whether to grant preliminary injunctive relief.
Under Department of Defense and Airforce policies, HIV-positive service members were permitted to continue in their roles as long as they were determined to be fit for service. Deployability was a significant factor in fitness determinations. Under defense department policy, affected service members with a progressive clinical illness or immune deficiency were prohibited from deploying unless they obtained a waiver. Affected service members without a progressive clinical illness or immune deficiency weren’t required to get a waiver. However, eighty percent of all Air Force deployments were to Central Command’s, or CENTCOM’s, area of responsibility overseas. And CENTCOM policy prohibited all HIV-positive personnel from deploying without a waiver.
Richard Roe and Victor Voe were members of the Air Force with completely managed HIV. Both men had excellent service records, and their superiors wanted to retain them. Nonetheless, the Air Force discharged them after deeming them both undeployable without permitting them to seek CENTCOM waivers.
Roe and Voe sued in federal court, arguing that the defendants’ policies violated their equal-protection rights and that the defendants acted arbitrarily and capriciously in violation of the Administrative Procedure Act. The district court issued a nationwide preliminary injunction that allowed Roe and Voe to remain on active duty pending the resolution of the lawsuit and prohibited the defense department and the Air Force from discharging any other active-duty members because of limited deployability due to HIV. The defense department appealed to the Fourth Circuit.
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