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A panel of three judges from the U.S. Court of Appeals for the District of Columbia Circuit engaged in rigorous questioning of both the Trump administration and the attorney representing transgender service members during a hearing on Tuesday. This review follows a district court’s ruling that overturned President Donald Trump’s ban on transgender individuals serving in the military.
Concerns were raised by one judge regarding the absence of substantial evidence from the Defense Department to justify the ban, while another questioned the appropriateness of the lower court’s broad injunction, which applies nationwide rather than being limited to the plaintiffs of the case.
The Trump administration is contesting a ruling by Judge Ana Reyes, appointed by President Joe Biden, who issued a preliminary injunction against Trump’s executive order from January 27.
The case was brought forward by eight active-duty service members and individuals pursuing military enlistment. They challenged Trump alongside Defense Secretary Pete Hegseth and other military officials.
In his January order, Trump claimed that embracing a gender identity that does not align with an individual’s sex at birth contradicts the core values of military service, asserting that transgender individuals are incompatible with the selflessness and humility expected of service members.
Further complicating the situation, U.S. Department of Justice attorney Jason Manion indicated that the Trump administration plans to escalate a related case to the Supreme Court very soon.
Issues of Evidence
The judges questioned whether the government had presented valid evidence demonstrating that transgender individuals lack the capability to fulfill military responsibilities. They probed whether the ban applied broadly to all transgender individuals or was limited to those diagnosed with gender dysphoria—a condition characterized by significant distress stemming from the disconnect between one’s gender identity and their sex assigned at birth.
Judge Cornelia Pillard expressed concern over the lack of evidence distinguishing transgender service members from all potential recruits, highlighting that thousands of transgender individuals are already proving their competence within the military. She challenged the rationale that could lead to a ban based on assumptions of fragility.
To which Manion responded, indicating that the policy is grounded in concerns about severe clinical distress, justifying a presumption of unfitness for military duty.
Judicial Authority and Overreach
Judge Neomi Rao questioned the legitimacy of the plaintiffs’ claims, suggesting that the broad nature of the district court’s injunction might be viewed by the Supreme Court as judicial overreach. The order extends protection to all transgender service members and potential recruits, far beyond the eight individuals involved in the appeal.
Rao highlighted that the district court’s ruling appeared to grant universal relief, which could undermine the government’s likelihood of success in overturning the injunction.
In defense of the plaintiffs, attorney Shannon Minter argued that the policy itself is inherently harmful, as it generalizes and marginalizes transgender individuals, denying them the honor of serving solely based on their identity.
In a related note, the 9th U.S. Circuit Court upheld a previous ruling that allowed transgender individuals to serve in the military, counteracting the government’s appeal.
Potential Supreme Court Review
Judge Gregory Katsas inquired about the government’s intentions regarding a Supreme Court review. Manion indicated that while he could not provide a specific timeline, action would be taken promptly, suggesting it could play a crucial role in the ongoing discussion.
Organizations like Lambda Legal and the Human Rights Foundation, representing individuals in the 9th Circuit’s case, confirmed their commitment to advocating for their clients, emphasizing the importance of allowing transgender service members to serve openly without discrimination. They asserted that these individuals have met all military standards over the past decade and urged the Supreme Court to reject the government’s request to suspend the district court’s injunction.
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